Complete I-130 while in the USA?

[Seraya-Karl 0]

My minor grandson’s I-130 was approved in June and after a very long delay he received several emails from the National Visa Center (@state.gov) with instructions and how to schedule an appointment with the Colombian Embassy in Bogota.

The problem is that he is now vacationing here in the US and his return ticket is for Dec. 24. A further complication is that he turns 18 at the end of October. 

Does anyone know if he can complete the process here in the US or is it necessary to return to Colombia to complete the processes?  Does he have to complete it before he is 18 or will his father have to restart the processing asking for an adult child?

[SusieQQQ 11,584]

3 hours ago, Seraya-Karl said:

My minor grandson’s I-130 was approved in June and after a very long delay he received several emails from the National Visa Center (@state.gov) with instructions and how to schedule an appointment with the Colombian Embassy in Bogota.

 

The problem is that he is now vacationing here in the US and his return ticket is for Dec. 24. A further complication is that he turns 18 at the end of October. 

 

Does anyone know if he can complete the process here in the US or is it necessary to return to Colombia to complete the processes?  Does he have to complete it before he is 18 or will his father have to restart the processing asking for an adult child?

 

A minor for US immigration purposes is under 21, unmarried.

[Seraya-Karl 0]

29 minutes ago, SusieQQQ said:

A minor for US immigration purposes is under 21, unmarried.

Thank you for the reply.

 

1) What has me worried is that NVC sent a follow-up email saying:

Quote

The National Visa Center's (NVC) records indicate you will turn 18 years old in 120 days or less. When you turn 18, you cannot receive benefits under the U.S. Child Citizenship Act. To ensure you can immigrate before this happens, NVC sent your petition to the U.S. Embassy/Consulate General in BOGOTA, COL for expedited processing. The Embassy/Consulate General will contact you to schedule a visa interview.

2) Do you know if my grandson can complete the process in the US? He's not scheduled to go back until Dec. 24.

 

 

[geowrian 22,335]

39 minutes ago, Seraya-Karl said:

1) What has me worried is that NVC sent a follow-up email saying:

The Child Citizenship Act has nothing to do with his current process. He is applying for an immigrant visa, not US citizenship. I'm not sure why they brought that up in the first place...?

 

Edit: Ah, he's under 18 now. This doesn't impact him as the child of an LPR directly...but would as the child of a USC.

Who is the petitioner? What's their status (citizen? green card holder?).

 

Quote

2) Do you know if my grandson can complete the process in the US? He's not scheduled to go back until Dec. 24.

If he is currently in the US and PD is current (F2A is immediately right now), then he can do AOS within the US instead of consular processing abroad.

Edited August 12, 2019 by geowrian

[SusieQQQ 11,584]

33 minutes ago, Seraya-Karl said:

Thank you for the reply.

 

1) What has me worried is that NVC sent a follow-up email saying:

 

 

2) Do you know if my grandson can complete the process in the US? He's not scheduled to go back until Dec. 24.

 

 

Wait, is he trying to get citizenship immediately on entering on an immigrant visa as child of a USC? If that’s the case then yes 18 is important. I wouldn’t mess around if I were you, I’d set up the appointment and send him back home to do it, then he can come back for good once it’s done. I had been basing my response on assuming he was the child of a permanent resident, as this is the forum it’s posted in. If he father is indeed an LPR - then that paragraph is irrelevant. 

[Seraya-Karl 0]

4 hours ago, SusieQQQ said:

Wait, is he trying to get citizenship immediately on entering on an immigrant visa as child of a USC? If that’s the case then yes 18 is important. I wouldn’t mess around if I were you, I’d set up the appointment and send him back home to do it, then he can come back for good once it’s done. I had been basing my response on assuming he was the child of a permanent resident, as this is the forum it’s posted in. If he father is indeed an LPR - then that paragraph is irrelevant. 

Quote

Edit: Ah, he's under 18 now. This doesn't impact him as the child of an LPR directly...but would as the child of a USC.

Who is the petitioner? What's their status (citizen? green card holder?).

I may have gotten into the wrong forum. I was looking for a forum on I-130s. 

 

His father is a naturalized citizen of the US which was well after my grandson's birth. My grandson is a Colombian citizen, and his father is now a US citizen. Therefore, his father filed an I-130 for his son which was granted in June.  Now, my grandson needs to have an interview (at the embassy in Colombia?) to complete the process.

 

My grandson is on tourist visa here. My guess is that he can't do an adjustment of status from a tourist visa.  They sent him a list of things that he needs to take to the embassy interview such as, a doctor's report, proof of support, payment of fees, etc.  I was hoping that he could do that here or at least that he could wait until he gets back to Colombia in December to do that, but I was worried about a time limit to apply and whether turning 18 would make a difference.

 

If sending him back to Colombia is best, we'll do that.  Reading between the lines, if he gets his green card before he's 18, he can maintain his residency status without continuous residency as he may want to attend college in Colombia. Did I get that right?

[geowrian 22,335]

* Moved from Bringing Family Members of Permanent Residents to America forum to IR-1/CR-1 P&P forum (which also covers IR-2 cases - child of a USC) *

 

11 minutes ago, Seraya-Karl said:

I may have gotten into the wrong forum. I was looking for a forum on I-130s.

Yup. Moved to the right forum now...

 

11 minutes ago, Seraya-Karl said:

His father is a naturalized citizen of the US which was well after my grandson's birth. My grandson is a Colombian citizen, and his father is now a US citizen. Therefore, his father filed an I-130 for his son which was granted in June.  Now, my grandson needs to have an interview (at the embassy in Colombia?) to complete the process.

Gotcha. His category is IR-2: child of a US citizen.

 

If he is under 18 at the time he gains permanent residency, he will derive citizenship automatically. Otherwise he will qualify in 5 years after entry on the immigrant visa (or 3 years after entry if married to a USC for those same 3 years).

 

11 minutes ago, Seraya-Karl said:

My grandson is on tourist visa here. My guess is that he can't do an adjustment of status from a tourist visa.  They sent him a list of things that he needs to take to the embassy interview such as, a doctor's report, proof of support, payment of fees, etc.  I was hoping that he could do that here or at least that he could wait until he gets back to Colombia in December to do that, but I was worried about a time limit to apply and whether turning 18 would make a difference.

Actually he can. Whether or not it's wise to do is another issue...it sounds like he's close to competition of the IR-2 visa route right now. Waiting for AOS within the US could take 12-18+ months depending on local field office. At this point, getting the visa abroad is almost a no-brainer IMO.

But the option to file for AOS is permitted.

 

11 minutes ago, Seraya-Karl said:

If sending him back to Colombia is best, we'll do that.  Reading between the lines, if he gets his green card before he's 18, he can maintain his residency status without continuous residency as he may want to attend college in Colombia. Did I get that right?

If he becomes a USC (by entering on the IR-2 visa prior to his 18th birthday), then he can stay abroad as long as he wants without issue.

If he does not obtain US citizenship, he must maintain his permanent residency within the US or risk losing the green card.

[Seraya-Karl 0]

Thank you so much.  I need to confirm it with my son and grandson, but sending him back to compete the process at the embassy seems like the thing to do.

 

If I understand it right now, he will be getting  his US citizenship now and that will allow him to study abroad. If we start the AOS from here it will take more than year and then he would have to wait another 5 years to become a citizen and during that time there would be restriction on the time he could be out  of the country.  

[geowrian 22,335]

2 minutes ago, Seraya-Karl said:

Thank you so much.  I need to confirm it with my son and grandson, but sending him back to compete the process at the embassy seems like the thing to do.

 

If I understand it right now, he will be getting  his US citizenship now and that will allow him to study abroad. If we start the AOS from here it will take more than year and then he would have to wait another 5 years to become a citizen and during that time there would be restriction on the time he could be out  of the country.  

Bingo (assuming he can complete the immigrant visa process abroad and enter on it before he turns 18...which is possible but not a guarantee).

[pushbrk 12,092]

4 hours ago, geowrian said:

Bingo (assuming he can complete the immigrant visa process abroad and enter on it before he turns 18...which is possible but not a guarantee).

Correct.  To be succinct, Completing the process and the US Embassy (Actually the Consulate Immigrant Visa Unit) in Bogota is the ONLY possible way for him to have EITHER resident status upon entry OR Citizenship upon entry.  If he enters before his 18th birthday, he becomes a Citizen.  If he enters AFTER 18, he gets a green card and would be eligible for US Citizenship in five years.

 

No way to complete the process from within the USA.  He should depart when he needs to, not when he is scheduled to.

[Hank_ 9,171]

18 hours ago, Seraya-Karl said:

Thank you for the reply.

 

1) What has me worried is that NVC sent a follow-up email saying:

 

 

2) Do you know if my grandson can complete the process in the US? He's not scheduled to go back until Dec. 24.

 

 

No.  There are NO  U.S. embassies in the USA, and this is an embassy process .. need to get back to Columbia.   Reschedule the return ticket.

Edited August 13, 2019 by Hank_

[Seraya-Karl 0]

Thank you all!!!  I didn't realize that my grandson was eligible to become a citizen now.  That is a great advantage and we'll be sending him back to Colombia to complete the process.

 

You guys are the best!!!

[pushbrk 12,092]

7 hours ago, Hank_ said:

No.  There are NO  U.S. embassies in the USA, and this is an embassy process .. need to get back to Columbia.   Reschedule the return ticket.

To be clear, it is a Consular process.  In many countries, the Consular Immigrant Visa Unit is not located in the same city as the Embassy.  China and India (representing more than half the world's population) and  a number of other countries have the IV unit at Consulates, not Embassies.  This is why it is called "Consular Processing".  Often the IV unit is housed in an office building completely separate from the Consulate itself.  Just an FYI.

[Hank_ 9,171]

8 minutes ago, pushbrk said:

To be clear, it is a Consular process.  In many countries, the Consular Immigrant Visa Unit is not located in the same city as the Embassy.  China and India (representing more than half the world's population) and  a number of other countries have the IV unit at Consulates, not Embassies.  This is why it is called "Consular Processing".  Often the IV unit is housed in an office building completely separate from the Consulate itself.  Just an FYI.

Except in Manila I guess.   

 

Ta-may-to   Ta-ma-to

 

 

Edited August 13, 2019 by Hank_

[pushbrk 12,092]

4 minutes ago, Hank_ said:

Except in Manila I guess.   

 

Ta-may-to   Ta-ma-to

 

 

The IV unit for Philippines IS, in Manila, and many others are in Capital cities associated with Embassies.  Each Embassy has a Consulate.  No country has more than one US Embassy but many countries have several Consulates..  Currently, no country has more than one IV unit and some countries have none.  Iran has neither a US Embassy or Consulate.