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pezzodefero

US citizen father and his italian son

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hello,

My name is Gabriele,Italian and I'm 38 years old unmarried and i live in Canada with a permanent resident card.

My father is a US citizen and lives in California.

I understand than my father can file a petition for me to get the green card. I-130.

after and if the petition is approved i will a visa immigrant number and the i can apply for the green card. I-485

is that right?

about the processing time:

checking on the processing time page, it shows that there is a huge difference in timing between the texas service center ( 5 month for the I130 ) and the california service center(I 130 >January 2, 2013) ...

the question is? can He file the petition to the texas service center so I can get my green card earlier?

thanks for you time

Gabriele

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Processing time between service centers is completely irrelevant in your case (at no - he can't file with specific center) - you will be in F1 category as have about 7 year wait for visa number to be available. Once you get visa, you don't have to file I-485.

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Hi,

5 months is only the wait time for the petition to be approved. There is about a 7 year wait for a visa to become available and you must remain unmarried in order to wait this long, otherwise the wait could be 10 years.

The I-485 is only for people who are currently in the US and have a visa number available to them. As the adult child of a USC, a visa number wouldn't be available for at least 7 years.

As an Italian citizen, you may be able to apply to the diverse visa lottery in addition to having a pending petition by your dad. If you win you may be able to immigrate under that category, but a petition through your father is the best option despite the wait. If your dad had petitioned for you while he was still an LPR, you could have been in the queue for a visa already, assuming you weren't married before.

Also, this is all assuming that your dad became a USC after your birth. Was your dad a USC when you were born? If so you may have a claim to USC.


This does not constitute legal advice.

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Kzielu,Ian,

thank you for the quick answers,

I'll apply for the diverse visa lottery this year.

My father was not USC when I was born.

There is something I didn't tell you because i thought it would not be relevant but...

My father already file the petition for me when it was LPR (if that me permanent resident)...and i got the green Card from 1995 to 2005 when I give it back (i didn't really never moved in the US and every time I went to visit my father was a problem at the border).

now my common law partner an I are thinking in moving to California and open a small business there.

thanks again

Gabriele

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Ok, I see. You wouldn't have problems being re-petitioned by your father just because you were previously an LPR. However, unfortunately you have to start the process from the very beginning.

As an LPR, you have to have the intention of permanently living in the US, since you said you never really lived here, this is probably why you always had issues at the border.

An LPR isn't guaranteed reentry into the country like a USC is. An LPR is always considered to be applying for admission because he/she has to prove that they only left the country for a temporary amount of time.

Now, since you have a common law partner, I'm not sure if Canada recognizes common law marriages, things are different.

If Canada recognizes common law marriages, you will be considered a married adult child of a USC and the wait is about 10 years compared to 7 if you were unmarried.

So if Canada doesn't recognize common law marriages, I would be careful using this term as they would think that you are married when you are not.

Also have you considered or are you eligible for Canadian citizenship? If so, it would be a good idea to have it just in case it doesn't work out for you in the US, like before, and you can always return to Canada.

I don't think Canada would let you keep your LPR status if you move to the US in the same way US LPR's can't keep their status if they leave the US.

Edited by Ian H.

This does not constitute legal advice.

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Agree with the above, you start all over with a new petition from your father. The wait is 7 years currently , that can change up or down but it is a good estimate. Check out investment visas if you have the money and want to start a business.


This will not be over quickly. You will not enjoy this.

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Really if you are in fix then you must hire an agent for your file processing. That might be a better side for you as you want to be an immigrant for US. Today's migration process little cumbersome and they ask bunch of questions.

This doesn't seem to be a complicated case, it is just the wait for a visa number is years and nothing will make that faster. No need to waste money on a lawyer.


This will not be over quickly. You will not enjoy this.

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I agree. This is a father-son case, nothing complicated about the process at all like it is for spouses.

The only things that ever make cases complicated that I can think of the top of my head are previous arrests, deportations, overstays, etc.

If the OP does his research, which there are very helpful guides here, do some google searches, check out USCIS and DOS website, he can find all the info he needs.

OP: I don't know if you are still considering to let your father petition you despite the wait, but even if you feel that it's not worth it or it takes too long, it's better to be petitioned now and wait than to not be petitioned at all.

I have a cousin whose mom is an LPR and she always said it took too long, all I know is that this was 12 years ago, and those 7 to 8 years passed a long time ago. She was petitioned by my aunt last year and is looking at a 7 year wait now and regrets it.

And who knows, it's more than likely that some immigration reform may happen during that time. Most people here are hoping for some immigration reform that will allow relatives to immigrate faster.


This does not constitute legal advice.

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Kzielu,Ian,

thank you for the quick answers,

I'll apply for the diverse visa lottery this year.

My father was not USC when I was born.

There is something I didn't tell you because i thought it would not be relevant but...

My father already file the petition for me when it was LPR (if that me permanent resident)...and i got the green Card from 1995 to 2005 when I give it back (i didn't really never moved in the US and every time I went to visit my father was a problem at the border).

now my common law partner an I are thinking in moving to California and open a small business there.

thanks again

Gabriele

IS your Common Law partner a USC? How will they be moving to California?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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thanks again for all the info.

now I'm aware of the 7 to 10 years of processing time.

the only concern is the following one.

I probably can open a business in the US with the E2 visa, and my wife (if we decide to get married) can have an open work visa.

I'm not sure they will give me the E2 because with the E2, even if you can renovate it every two years, to qualify you have to convince them that: You intend to depart at the conclusion of your duties in the U.S.

Isn't that a little bit hard to prove if I also applied to become a LPR with the petition from my father?

thanks

Gabriele

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I'm not sure about the E2 visa or how one qualifies for it. However, if the visa category allows for dependent visas for a spouse and children, your wife would only qualify if you are legally married. As for the pending LPR petition, I also don't know because that depends on whether the E2 visa is considered dual intent.

Also keep in mind that if your father petitions you as the unmarried son of a USC (F1 category) you have to remain unmarried if you want to immigrate under that category, otherwise you will be bumped down to the F3 category which takes the additional 3 years. You can either wait 7 years, become an LPR, get married and petition your wife, or you can get married, wait 10 years and come together. You guys have to consider all of your options.


This does not constitute legal advice.

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