QUESTION

What can I do in this case if I applied for I-130 for my daughter and didn’t receive anything for 1 year?

Asked on May 20th, 2013 on Immigration - Texas
More details to this question:
She is only 3 years old. I called USCIS and they said it could even take several years. I am a permanent resident right at the moment I will apply for my citizenship. I was told that will help me not to wait as much. I don’t think is right for me I waited 1 year already.
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6 ANSWERS

It is currently taking about 2-3 years for child of a permanent resident to qualify for a visa. For a child of a US citizen the wait is about 8-12 months.
Answered on May 29th, 2013 at 11:00 PM

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Adebola O. Asekun
A petition filed by an LPR [green card] like you for a your child is in the F2A category. Normal processing time is about 2 years and at a bare minimum, you should have received a Notice of Action [Form I-797 C Unless you have received this notice, there is no proof that CIS even has your case. You may need to make in depth inquiries or better still consult with an experienced immigration lawyers. There is nothing more frustrating that to find out your three year wait has been for nothing if this in fact what happened here.
Answered on May 24th, 2013 at 1:47 AM

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Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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There is a quota system for all people with up to 20 years at present, so in the context of things one year is not really very long- even though with a three year old, I am sure it feels like it.
Answered on May 22nd, 2013 at 8:44 PM

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Business/ Commercial Attorney serving Bellevue, WA at Lana Kurilova Rich PLLC
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The current priority date for minor children of permanent residents is June 2011, which means that the USCIS only now processes those petitions that were filed back then. Thus, the wait time is approximately two years. If you become a U.S. citizen, the immigrant visa will be immediately available to your child, so USCIS can be notified. But even so, it takes approximately a year, give or take, to process immigrant petition, and given that the child is a minor, the second parent would have to consent to the child's departure and sign the appropriate documents. Either way, it takes time and you need to be patient.
Answered on May 22nd, 2013 at 8:09 PM

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It is very unusual that for 1 year and you did not even receive a receipt. You definitely need to pursue or have any attorney inquire about a receipt. Once you receive that, your daughter's priority date is protected. Currently category F2a is about 2 years wait, however, as soon as you become a US citizen, you can convert your I-130 to USC parent of a minor child and the visa becomes immediate and you can apply for her green card then.
Answered on May 22nd, 2013 at 11:46 AM

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As a permanent resident, your child will not have an immigrant visa available or be able to immigrate to the US for at least 2-3 years. Depending on what country your child was born in, the wait could take even longer. That is why USCIS is taking so long to make a decision on the petition. You can check the priority date for your child here: http://travel.state.gov/visa/bulletin/bulletin_1360.html.
Answered on May 22nd, 2013 at 11:08 AM

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