QUESTION

How long does it take to get I-130 approve for unmarried son petition filed by US citizen parents?

Asked on Nov 15th, 2012 on Immigration - California
More details to this question:
My parents are US citizen and they file I-130 last year November and its been a year now but I have not received any information from USCIS and status is still showing Initial Review but I got to know that it takes 8 to 9 months to get approval. Pl let me know how long does it take for approval Receipt number is WAC1290074607 and also is there any other way I can visit my parents.
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2 ANSWERS

Processing of an I-130 petition takes from 5 to 14 months, but the processing time shouldn't really concern you. Approval of your parents' petition will not give you a green card for about 7 years (if you were born in Philippines - for 18 years, in Mexico - for 19 years). Every year, the government issues only 23400 immigrant visas to unmarried sons and daughters of U.S. citizens. As you can imagine, the number of approved petitions every year is much greater, especially for the natives of Mexico and Philippines. This is why right now, green cards are being issued to the sons and daughters of U.S. citizens who filed their petitions in November 2005 (in June 1993 - for the natives of Mexico; in July 1997 - for natives of the Philippines). This is called the priority date of a petition. Your place in the line is determined by the date your parents' petition was filed, not by the date of its approval; and whether the approval takes 5 or 15 months, it will be long over by the time of your turn to receive a green card. As to any other ways to come and see your parents, you can always try to get a non-immigrant visa. B1/B2 visa (visitors for business/pleasure) is the most common. Usually, you don't even need an invitation to the U.S. from a friend or a relative to apply for a B visa. The problem with getting a non-immigrant visa is that you have to convince the U.S. Consul that you have no immigrant intent (in other words, that you have no intention to stay in the U.S. after your visa expires). And that is very hard to do after your parents filed for you an *immigrant* petition! Very hard, but not impossible. If you explain to the consul that a) yes, there is an immigrant petition filed for you, but it will be years before you will be able to obtain a green card, and you know that you try to stay in the U.S. illegally, you will not get a green card even after your priority date becomes current; b) you have something in your country that you would have to come back to - job (or school), property, fiancee, friends, obligations arising from your involvement in social organizations, a grandparent or a sick friend you are taking care of, a new business you are developing, a contract you would have to start working on after your trip to the U.S., etc. (your words will not be enough, you would have to bring some proof - documents, photographs); c) and that you just want to see your parents for a couple of weeks, well, there is no guarantee, but there is a chance that the consul would give you a B visa.
Answered on Nov 20th, 2012 at 3:27 AM

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Approval of the I-130 is only the first step. The priority date has to be current in order for you to be eligible for an immigrant visa. The current priority date waiting times are about 7 years if you are over the age of 21 from anywhere other than Mexico or the Philippines. From those two countries, the wait is significantly longer. You can check the monthly visa bulletin to see the processing times for the visa priority.
Answered on Nov 19th, 2012 at 10:09 PM

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