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  • Greencard time and options

    Good morning,

    In march 2017 my mother filed and I-130 form for me. I am her married son, over 21 and currently living in Scotland. My mother is a US citizen, also living in Scotland.

    After filing the form my wife and I were shocked to find that they are still processing forms as of March 2012! This put a huge delay on our plans and timescales. Also considering that after a recent trip to the US, I had a job interview which was positive and they want me to start as soon as possible. Assuming I would get a greencard easy through my mother I didn't think it would be a problem.
    The company is a large international company but after much trying they cannot take me through and employment visa unfortunately(company rules)

    My main question is: does anyone have further information as to how long it actually takes when the website says processing since march 2012. Does that realistically mean I won't see myself gaining entry into the US untill 2022!?!

    Secondly, is there any other way, or type form I can use which may assist me considering I have a job ready to go to?

    Third, can I enter the US and wait there whilst waiting for the greencard approval? If yes, can I work etc...

    Any help is much appreciated.

  • #2
    It's much longer than you think. How long the petition takes to process is actually completely unimportant -- it's not what determines how long you have to wait. Even when the I-130 petition is approved, it does not allow you to proceed to the next step -- you must wait until a visa number is available for your category and priority date before you can proceed to the next step (which is Adjustment of Status in the US if you happen to be in the US and in status at that time, or Consular Processing abroad otherwise). Married children of US citizens is in the F3 category. You can look at each month's visa bulletin to see how long the waits are for each category. This month, final action for F3 are available for petitions filed prior to June 2005 (even longer for people born in Mexico or the Philippines). That means a wait for visa numbers of around 12 years. If the wait remains the same, you will only be able to immigrate around 2029.

    (I am assuming your mother wasn't a US citizen when you were born; otherwise you might already be a US citizen.)
    Last edited by newacct; 05-07-2017, 04:28 AM.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      It's much longer than you think. How long the petition takes to process is actually completely unimportant -- it's not what determines how long you have to wait. Even when the I-130 petition is approved, it does not allow you to proceed to the next step -- you must wait until a visa number is available for your category and priority date before you can proceed to the next step (which is Adjustment of Status in the US if you happen to be in the US and in status at that time, or Consular Processing abroad otherwise). Married children of US citizens is in the F3 category. You can look at each month's visa bulletin to see how long the waits are for each category. This month, final action for F3 are available for petitions filed prior to June 2005 (even longer for people born in Mexico or the Philippines). That means a wait for visa numbers of around 12 years. If the wait remains the same, you will only be able to immigrate around 2029.

      (I am assuming your mother wasn't a US citizen when you were born; otherwise you might already be a US citizen.)
      My mother has been a US citizen since birth. She was born in the US, moved to Scotland and I was born here and have lived here ever since. She still holds her US citizenship and I hold British citizenship. Does this make me automatically a US citizen? I didn't think it did from what I could read online.

      Apologies for my misunderstanding; Its all very confusing to understand the doffierent terms and meanings....
      So I ignore my "processing times"?
      Await for petition to be approved? How long is this time estimated or where can I check this?
      Await a visa number?
      Adjust my status? I am not in the US. I am in the U.K so therefore my status will do what? What does adjustment to status mean?

      The above may make sense to some however I find it so difficult to obtain simple information like the above on any of the websites or uscis website. All the terms like "adjustment to status" are not explained so I appreciate any help you can offer with my above questions!

      Thanks.

      Comment


      • #4
        Originally posted by KDE4789 View Post
        My mother has been a US citizen since birth. She was born in the US, moved to Scotland and I was born here and have lived here ever since. She still holds her US citizenship and I hold British citizenship. Does this make me automatically a US citizen? I didn't think it did from what I could read online.
        When were you born? Were you born in wedlock or out of wedlock? During what periods of time (and at what ages) was your mother physically present in the US before you were born?

        Originally posted by KDE4789 View Post
        Apologies for my misunderstanding; Its all very confusing to understand the doffierent terms and meanings....
        So I ignore my "processing times"?
        Await for petition to be approved? How long is this time estimated or where can I check this?
        Await a visa number?
        Adjust my status? I am not in the US. I am in the U.K so therefore my status will do what? What does adjustment to status mean?

        The above may make sense to some however I find it so difficult to obtain simple information like the above on any of the websites or uscis website. All the terms like "adjustment to status" are not explained so I appreciate any help you can offer with my above questions!

        Thanks.
        So to sum it up you will have to wait about 12 years from the filing of the I-130 before you can immigrate. The I-130 will be approved in a few years, but you will still have to wait many years after that. Don't worry about Adjustment of Status because you almost certainly won't do that; you will be doing Consular Processing from abroad.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          I was born in Scotland, UK in July 1989 in wedlock.

          My mother was born in the US and stayed from birth untill approx. 1978. She still holds her US passport and citizenship.
          My father is UK born.

          Does this help?

          Comment


          • #6
            Originally posted by KDE4789 View Post
            I was born in Scotland, UK in July 1989 in wedlock.

            My mother was born in the US and stayed from birth untill approx. 1978. She still holds her US passport and citizenship.
            My father is UK born.

            Does this help?
            I think what newacct was asking was how much time did your mother spend in the US, prior to moving to Scotland. The reason for that is, if she meets certain residency criteria, you will automatically become a US citizen.
            Just an opinion; Not legal advice.

            Comment


            • #7
              Originally posted by KDE4789 View Post
              I was born in Scotland, UK in July 1989 in wedlock.

              My mother was born in the US and stayed from birth untill approx. 1978. She still holds her US passport and citizenship.
              My father is UK born.

              Does this help?
              If your mother was physically present in the US, any time in her life before your birth, for a cumulative total of 5 years, including 2 years after she turned 14, then you were automatically a US citizen from birth, in which case you can just apply for a US passport, with the proof of her citizenship and period of physical presence in the US.

              This is my personal opinion and is not to be construed as legal advice.

              Comment

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