Family Based I-130 Petition

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Pattal

Registered Users (C)
I have question concerning family based I-130 petition?


California Service Center processing time:-
U.S Citizen filing for unmarried son/ daughter over 21---------Jan 2003
Permanent rident filing for unmarried son/ daughter over 21 ---Feb 2005
U.S Citizen filing for a brother------------------------------- Apr 2001

The Department of State priority date:-
Unmarried son of U.S Citizen ----------------------Mar 2002
Unmarried son / daughter of permanent resident ---Sep 1999
Brother of U.C Citizen-----------------------------Sep 1997

Can somebody tell me what is the difference between California center processing time and the Department of State processing time? Its look like to me it is faster Permanent resident parent filing for unmarried son/ daughter over 21 than U.S citizen filing for unmarried son/ daughter over 21 and it’s the other way around at DOS.
 
processing times at the CSC are just that - processing times. Now, dates in a visa bulleting are waiting periods for a visa number. And that takes years, regardless of how fast the petition was approved.
 
So if the applicant and beneficiary living in the U.S they will follow California Service Center and it will get adjusted in the United States based on CSC processing time fram? and the application will not have to go to National Vsa Center or Department of State?
correct me if i'm wrong!
 
no. Regardless of where the beneficiary lives, he will be able to apply for an immigrant visa or adjustment of status when his Priority date becomes current according to the visa bulletin on DOS website. If the applicant chooses to stay in the US until that date, he needs to maintain a legal non-immigrant status all those years.
 
LucyMO, Thank you very much for your explanation.
What kind of forms the son/daughter must file if he/she goanna adjust his/her status inside the U.S is it form I-485 and go through USCIS local office or forms from Department of States must be filled?
So from your previous reply its look like it at the end it will be faster for the son/daughter if the father is U.S citizen to petition his son/daughter than permanent resident father petition his son/daughter? Because in the end it goes by visa availability—I’m I correct?

Thank you LucyMO.
 
It's I-485. The instructions to it explain where it needs to be filed and what the fee is.

it will be faster for the son/daughter if the father is U.S citizen to petition his son/daughter than permanent resident father petition his son/daughter?
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it may look that way, but keep in mind, that a resident may file for an unmarried child and it will take 8-9 years to get a visa (in the meanwhile, the resident may become a citizen).
If a resident first waits for 5 years to become a citizen, and then files, and it takes another 6 years for the petition to become current, then the child will have been waiting for 11 years instead of 9.
 
So the best way and fastest way is for the father to file I-130 petition for his son/daughter when he is permanent resident then after the father became U.S citizen he can upgrade his I-130 petition from permanent resident to U.S citizen petitioning his son/daughter!!! I’m I right?

How can the person upgrade his I-130 petition form permanent resident to U.S citizen?

Thanks
 
So the best way and fastest way is for the father to file I-130 petition for his son/daughter when he is permanent resident then after the father became U.S citizen he can upgrade his I-130 petition from permanent resident to U.S citizen petitioning his son/daughter!!! I’m I right?
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you are right, but remember - the child cannot get married until AFTER you have become a citizen. That's the catch. If he/she does, your petition is forfeit.

How can the person upgrade his I-130 petition form permanent resident to U.S citizen?
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it's been covered on this forum many times.
 
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