Get the I-130 receipt notice from the lawyer. Otherwise you don't know if they even filed it. There lawyers who sit on cases for months or even years without filing anything. With the I-130 receipt you can track your case online (although USCIS is often slow to update the online status), and you will need that receipt for later processing.
Originally Posted by coolcar65
The wait is close to 3 years for under-21 unmarried children of permanent residents.
We know it may take up to two years.
Because he doesn't have legal status, he won't be able to complete the green card process in the US unless the sponsoring parent becomes a US citizen before he is 21. But neither of you is going to be a citizen before mid-2017, by which time he would be at least 20 and a half, and there is no guarantee either of you completing the citizenship process before he is 21.
He's growing up to the age where he can drive and it would be very beneficial for the whole family as he is in a lot extra curricular activities.. He's going to turn 16 in January.
However, he can complete the process outside the US at a US consulate if he leaves the US before he is 18 years and 180 days old (the 3-year ban is not triggered if there are less than 180 days of unlawful presence after the 18th birthday). That would be mid-2015, which is about the same time the petition for him is likely to become ripe for a consular interview. So start making plans from now to have him spend a few weeks or months in his original country in the summer of 2015 to wait for completion of the green card process, and don't cut it too close like 179 days (after his 18th birthday).
Note that after the I-130 is approved, you will have to file I-824 to transfer the case to a consulate.
Last edited by Jackolantern; 29th July 2012 at 10:21 AM.
PD: Jan 2003 (EB3 rest of world)
I-485 Approved: July 2007
I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.