View Full Version : A question about naturalization and visas
03-13-2004, 11:47 PM
My wife becomes eligable for naturalization in July. When she is sworn in as a citizen she is going to petition for her parents and brother to immigrate to the US. Her father is a French citzen with a French passport (can freely come into the US as visitor) but is 70+ years old and sick. Her mother takes care of him but she cannot come into the US as she is a Peruvian cititzen. Her Brother holds dual French Peruvian citizenship and has a french passport and can also come into the US as a visit and has done so many times in the past. Her Brother turns 20 2months after my wife become eligible for naturalization. So he wont likely be able to come as a dependant of her partents.
1. how long does it take from eligablitity to actually being sworn in as a citizen?
2. how long does it take for her petition to go through to bring her parents to the US?
3. how long will her brother have to wait?
4. If her brother is already here as a visitor can she apply for adjustment of his status?
03-19-2004, 03:57 PM
My mother naturalized last year. She originally applied for naturalization in September of 2002. Shortly thereafter (maybe 2 months) she was fingerprinted and told that an interview would be scheduled. She didn't hear from USCIS for a whole year. In Sept. 2003 I urged her to contact her lawyer to find out what was going on. The lawyer made arrangements with the LA USCIS offices and my mother's interview was scheduled for early October. She took the oath the first week of November 2003. I believe that if she had asked her lawyer earlier, it might not have taken that long.
As I understand it, your wife can apply for naturalization 90 days before the date she has 5 years as a PR. So depending on when in July she'll be eligible she could apply as early as April.
When your wife applies for her parents, she can file the I-130 (Petition for Alien Relative) and the I-485 (application for Adjustment of Status) concurrently, because her parents would be considered immediate relatives. Also because of that same reason, her brother won't be able to be considered a derivative beneficiary, as immediate relatives must not have derivatives.
If her brother is already here, she can apply for him. It would fall under the 4th Family Preference category, and that currently has an approx. wait of 12 years. Another option might be to wait until the parents obtain their PR and then apply for their son (Fam. Pref. 2B, +/- 9 year wait)
As a precaution though, if her brother is here on a visitor's visa and seeks to change his visa status, it might be wise to wait 60 days after entry so the USCIS won't question the intent.
Hope this helps!
Mr.gabbabean u gave a solution for geting PR saying that her brother can come on visitor visa and apply for PR,is this valid.because of these people other genuine candidates are geting their visitor visas rejected.saying that they are potential immigrants and who does'nt have an intention of settling down in US. DONOT give such suggestions to these people
More importantly, he would have to maintain legal status on his own for the 12+ years until the Priority Date becomes current. That's of course not possible on a visitor visa.
Once the I-130 is filed, he would not be able to get a non-immigrant visa or enter the US on a non-immigrant visa (except H1 or L1), because non-immigrant visas other than H1 and L1 do not allow immigration intent.
03-22-2004, 05:40 PM
My apologies, I did not intend for my comments to be taken as a suggestion as to what to do. You are right, if one intends to remain in the US for the duration of the wait, then one must be in valid immigration status. I was just responding to the immediate question of is it possible to apply for someone one while they're here on a certain kind of visa. I only addressed the possibility of it rather than all that such a petition would mean for the beneficiary. Thank you for pointing this out, it slipped my mind.
As JoeF pointed out, maintaining legal immigration status until his priority date becomes current would be impossible on a visitor's visa. It would be better if he held an H or L1 visa instead, as they allow dual intent.
I apologize for the confusion.
"It would be better if he held an H or L1 visa instead, as they allow dual intent."
Yeah, but they still are not enough. Maximum time on H1 is 6 years, maximum time on L1 is 5 or 7 years (depending on category.)
Not enough for the 12+ years it would take for the PD to become current.
03-23-2004, 11:24 AM
While it's true that he wouldn't be able to be in the US for the duration of the whole process, he might at least be able to be with his family through most of it, depending on which route is taken. As I mentioned before, I think another choice for him might be to wait until his parents obtain their PR and apply for him. It's still a long wait, but at least his parents have the option of naturalizing later on and then he would become 1st pref. At least, that's what happened in my case. (And for example, in my cousin's case, he obtained an H1B and remained in the US for 6 years while an application made by his PR parents on his behalf had been filed with INS. At the end of 6 years, he went back to his country. His parents naturalized soon after, and then he did CP and obtained his PR. He only had to spend about a year away from his family vs. 7 years- had he stayed in his country the whole time.) Anyhow, one never knows when dealing with the USCIS, processing times on a case by case basis sometimes seem so arbitrary.