Filing Immigrant Application for My Son.

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Mr. India

Registered Users (C)
Hi, I just immigrated to the USA thru my daughter (Who is USC), I have son who is 23 years of age (unmarried). We just got our GC and now I want to file a immigrant application for my son.

How long will it take for his application to get approved so that he can join me here soon.I hear recently there was change in law that permits children below 26 (or may 27) to join within a year with me in the US. Or is it a wrong information.

Or It'll be good if my daughter file his immigrant application. How long will that take my son to come to the US.

Thanks in advance.
 
Mr. India said:
How long will it take for his application to get approved so that he can join me here soon.I hear recently there was change in law that permits children below 26 (or may 27) to join within a year with me in the US. Or is it a wrong information.
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It is wrong information, but I think I know what it is coming from. In some cases, the Child Status Protection Act (CSPA) allows some unmarried individuals over 21 to immigrate as if they were in an under-21 category ... but this is only available to those whose petitions were filed when they were still under 21. When you file for your son, he's obviously already over 21 so he can't benefit from the CSPA.

It'll be good if my daughter file his immigrant application. How long will that take my son to come to the US.
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Pursue both ...you and your daughter filing for him, so if something goes wrong with one process he can continue with the other. But it's likely that he'd be able to immigrate based on your petition sooner. The current backlog for over-21 unmarried children of permanent residents is 8 years, while for siblings of citizens it's about 11 years (much longer for both if he's from the Philippines or Mexico).
 
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Hi Jacko, I was reading off the USCIS web site and F2 section looks 'interesting' do you I can apply under F2 Category for which Priority date for India is March 07 or am I misreading the category. I have just got GC thru my daughter.

Family Preference Immigrant Visas (Limited): These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category. The family preference categories are:

Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any. (23,400)
Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)
Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children. (23,400)
Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age. (65,000)

Thanks again.
 
If he has educational qualifications for a guest worker visa (L1 or H1B), he can live and work in the US for part of the time while waiting on family petition. Sister should also file as a sibling as a backup. He may end up getting GC via employment if employer will sponsor him.
 
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