QUESTION

How long does it take for a I-130 petition for a child?

Asked on Mar 05th, 2012 on Immigration - California
More details to this question:
How long does it take for a I-130 petition for a child in the US legally on a visitor visa? The I-130 was not file with a I-484.
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8 ANSWERS

LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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An I-130 takes 6-9 months depending in the USCIS Regional Center.
Answered on Mar 08th, 2012 at 8:59 PM

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It really depends on status of the person filing on behalf of the child. If the parent is a US citizen, then the child's I-485 can be filed at the same time. If the parent is not a US citizen, and the child is under 21, it is currently taking about 2-3 years.
Answered on Mar 08th, 2012 at 3:15 PM

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Rebecca T White
It will depend upon the preference category. If the child is an immediate relative and a visa is immediately available the I-485 should be filed, even if the I-130 remains pending.
Answered on Mar 07th, 2012 at 5:04 PM

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Family Law Attorney serving Irvine, CA
Partner at Hadjian Law
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At least 6 months.
Answered on Mar 07th, 2012 at 2:19 PM

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Immigration and Naturalization Attorney serving Santa Ana, CA at U.S. Immigration Law Group, LLP
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The I-130 does not need to be filed with the I-864. The processing time depends on whether the petitioner is a lawful permanent resident or U.S. Citizen and the relationship between the child and the petitioner (parent or sibling). It could range anywhere between 6 months - 18 months give or take some time.
Answered on Mar 07th, 2012 at 12:54 PM

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Immigration Law Attorney serving Orlando, FL at Stoller & Moreno, P.A.
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The average processing time for a "stand alone" I-130 is about 6 months. If the child is under 21 and unmarried and entered the US with a visa, the child may be eligible to have an application for adjustment of status considered in the US. If that option were taken, the child could possibly remain in the US and process and obtain her resident alien status without having to depart the US and ask for an immigrant visa to be issued through a US consular office abroad. My recommendation would be to discuss this case with a qualified and competent immigration attorney and to make sure that you are aware of the different options which may be available and are likewise aware of the risks and consequences of choosing the possible pathways available to obtaining lawful permanent resident status on behalf of the child. Good luck.
Answered on Mar 07th, 2012 at 12:49 PM

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If you , the petitioner, are a USC, the I-130 could have been filed with an I-485 adjustment application. Denver is scheduling interviews in about 3 months, with approval possible the same day. If you are an LPR, the I-130 can take a year to be processed if there is a wait for the preference category to be available.
Answered on Mar 07th, 2012 at 12:48 PM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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You can always refile the I-130 with the I-485 at the same time. This process should only take between 3 to 6 months. If you file the I-130 first and wait for the approval before filing the I-485, it could take 6 to 12 months from start to finish.
Answered on Mar 07th, 2012 at 12:47 PM

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