Getting Green Card for son who is over 21

[stripedbass]

My cousin is an American citizen. He has a son in America who is on an F-1 student visa. He's in college and is over 21 years of age.

Can my cousin petition for his son to get a Green Card? If so, what form will he need to fill out?

Also, how long will it take for his son to get a Green Card?

[dpatel126]

My cousin is an American citizen. He has a son in America who is on an F-1 student visa. He's in college and is over 21 years of age.

Can my cousin petition for his son to get a Green Card? If so, what form will he need to fill out?

Also, how long will it take for his son to get a Green Card?

A father can petition for his child regardless of child's age. The timeframe depends on work load of USCIS and NVC. If he is single then it might take around 5 to 7 years and if he gets married (his whole family will immigrate, including children), it will take around 10 to 12 years. Your cousin will need to file I-130 for his son.

[rayb]

The amount of waiting time for an available visa slot varies by country of applicant. For Philippines, the wait can be about 10 years. If the son is married, the petitioner must be a U.S. citizen, and the wait can be up to 22 years. For other countries the waiting period will be less.

The waiting time is driven by "over-subscription" of specific categories of visas (family relationships), with Philippines, India,China and Mexico having longer waits than most other countries.

--Ray B

My cousin is an American citizen. He has a son in America who is on an F-1 student visa. He's in college and is over 21 years of age.

Can my cousin petition for his son to get a Green Card? If so, what form will he need to fill out?

Also, how long will it take for his son to get a Green Card?

[stripedbass]

Thank you very much for your responses. Very helpful!

I wonder whether there's a way to figure out what the wait for a Green Card would be for my cousin's son. My cousin is from Kenya.

[rayb]

The wait time for the son in Kenya depends on age and marital status of the son, and whether his petitioner (dad) is U.S. citizen or Green Card resident.

--Ray B

Thank you very much for your responses. Very helpful!

I wonder whether there's a way to figure out what the wait for a Green Card would be for my cousin's son. My cousin is from Kenya.

[stripedbass]

Ray B,

Thanks a lot for your response.

My cousin (petitioner) is a U.S. citizen. His son (beneficiary) is older than 21 but younger than 30. I think he told me he was 26. I should have double checked his age before I posted my thread. He is definitely not married. He's in college in America with an F-1 student visa.

The wait time for the son in Kenya depends on age and marital status of the son, and whether his petitioner (dad) is U.S. citizen or Green Card resident.

--Ray B

[rayb]

The waiting time for his class and country (F1 visa class) would be about 7 years for his Priority Date to be current. But since he is an F1 student visa holder, if he marries a U.S. citizen and gets petitioned by his new wife, he will become Immediate Priorit (CR-2).

--Ray B

Ray B,

Thanks a lot for your response.

My cousin (petitioner) is a U.S. citizen. His son (beneficiary) is older than 21 but younger than 30. I think he told me he was 26. I should have double checked his age before I posted my thread. He is definitely not married. He's in college in America with an F-1 student visa.

[stripedbass]

Wow, I did not think that the wait would be that long (7 years). But thanks for the info. Very good to know.

The waiting time for his class and country (F1 visa class) would be about 7 years for his Priority Date to be current. But since he is an F1 student visa holder, if he marries a U.S. citizen and gets petitioned by his new wife, he will become Immediate Priorit (CR-2).

--Ray B

[stripedbass]

My cousin has an additional questions.

What is more important: the F-1 visa stamp on his son's passport or the I-20 form? In other words if the visa date on the passport has expired but the I-20 is current, isn't the I-20 what matters?

Would him applying for a Green Card for his son complicate his student status?