QUESTION
What is the waiting period for filing an I-130 petition?
Asked on Jul 20th, 2015 on Immigration - Georgia
More details to this question:
My parents are US citizens. and I would like to immigrate with my family and apply with Forums I-130 & I-485. We are leaving in Greece and we are going to visit U.S in September and apply the forums. I would like know how much time it takes until the whole process will finish and we will receive the green card? Also If will be able to stay and work in the U.S during the process? Thanks a lot.
2 ANSWERS
Your parents would have to petition for you and your family and the process will take about 5-7 years before you are eligible for an immigrant visa and to be able to immigrate to the US. If you come to the US now as tourists, you cannot file the I-485 because the visa number is not available at this point for that preference category. You may be eligible for temporary work visas if you are qualified and get a job offer from a US employer that qualifies, but that also will not be for about another year because the current year's quota has been filled.
Answered on Jul 27th, 2015 at 7:20 AM
Your question raises multiple important issues. The child of U.S. citizen parents already may be a U.S. citizen; if that does not apply to you, then there are limited means to lawfully enter the U.S. with the intention of becoming a Permanent Resident, and you have not identified a basis for that type of visa. If you are not a U.S. citizen, for example by being born to parents who became U.S. citizens after you were born, and if you lawfully enter the U.S. and properly apply to "adjust status" to become a Lawful Permanent Resident (to get a "Green Card"), you simultaneously may apply for an Employment Authorization Document (an "EAD" or "work permit") that would authorize you to be employed in the U.S. while your adjustment of status application remains pending. Especially in light of the complications raised by these circumstances, it would be wise to work with an immigration attorney who, after learning all of the relevant information about you and your family, could advise you about eligibilities, options and strategies and represent you in the application process. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Jul 23rd, 2015 at 10:21 PM