QUESTION

How long it takes for I-130 to be approved?

Asked on Nov 08th, 2012 on Immigration - Texas
More details to this question:
I have been in the US for 8 years since I was 16 on F-1 visa. I just graduated from college and I am on OPT. My sister is a US citizen and she plan to apply for an I-130 for me. I have 2 questions: 1. I heard it also depend of the country, I am from Cameroon, any idea how long it can take for a Cameroonian to be approved? 2. Can I change my status right after it is approved or do I have to wait for the visa to be available?
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4 ANSWERS

If the petition is prepared right, the approval will take from 5 months to 1 year (depending on the Service Center where it will be processed). The processing time, with few exceptions, does not depend on your nationality. Approval of the immigrant petition, by itself, gives you no right to remain in the U.S., no employment authorization, and no right to apply for adjustment of status.You will have to wait until an immigrant visa will become available to you, which, in your case, will take about 11.5 years. If you cannot stay in the U.S. legally until that time, you have to leave and wait for the U.S. Consul in Cameroon to invite you for a visa interview. If you fall out of status and remain in the U.S. illegally, when your turn to receive an immigrant visa comes, it will be useless to you: simply speaking, if you have no status, you cannot adjust status because you have nothing to adjust. You might have a shorter road to U.S. residency if you find an employer willing to sponsor you for a non-immigrant worker's visa.
Answered on Nov 12th, 2012 at 10:13 PM

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Rebecca T White
You will want to review the Department of State Visa Bulletin. It will be many, many years for a priority date to become current. Until that time, you will either need to leave the US or maintain valid non immigrant status, as either a student or under an H-1b or other employment based visa.
Answered on Nov 09th, 2012 at 5:47 AM

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1. It takes about 10-12 years for an immigrant visa petition number to become available for a sibling of a US citizen. It does somewhat depend on the country of birth but this timeframe is for worldwide and Cameroon would come under this. 2. You cannot apply to change status even if the I-130 is approved UNLESS and UNTIL the visa number is available and the wait for that, as I stated above, is going to be about 10-12 years. You should seriously consider employment-based options since you apparently have a degree and can get a job in the US based on your education.
Answered on Nov 09th, 2012 at 5:42 AM

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Petitions for brothers and sisters of US citizen take at least 8-10 years before a visa number becomes available. In order to apply for adjustment of status in the US when your visa number becomes available, you must still be in status at the time of filing. It will be difficult for you to maintain status for another 8-10 years, unless you successfully apply for an extension or a change your status to another nonimmigrant visa (H1-B, F-1, etc.).
Answered on Nov 09th, 2012 at 5:38 AM

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