QUESTION

we are in the 2nd stage of the green card process. Do you know how many years it will take to get our green cards. we are from the Uk.

Asked on Jun 05th, 2013 on Immigration - Virginia
More details to this question:
Unfortunately we have been told that our son has 'aged out' of our green card process as he has turned 21. He goes to college now on an F1 visa which in turn means we now have to pay out of state college fees. Do you have any suggestions where we go from here regarding keeping our son here after college?
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
As I am not aware of what preference category you are applying under, I cannot tell you how long it would take you to ultimately immigrate. With regard to your aged out son, you could submit an I-130 petition for him under the F-2B category (single son or daughter over the age of 21 and unmarried of lawful permanent resident) when you receive your immigrant visa. There is the possibility that he may be endowed with your priority date dependent upon whether a case now pending before the Supreme Court involving the CSPA goes in your favor. In addition, your son can go the traditional route of taking optional practical training, having an employer sponsor him under H-1B visa status, and that same employer would then apply for his permanent residence, most likely under PERM labor certification processing. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence
Answered on Jun 10th, 2013 at 6:15 PM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
Your son may qualify for a specialized occupation visa (H1B) based on his degree.  Such a visa can be renewed for a total stay of six years.  Many H1B employers can also apply for permanent residency for H1B employees, if the position and employee qualify.
Answered on Jun 10th, 2013 at 12:32 AM

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