QUESTION

Which is the fastest way to petition my kids, file for a petition at this time while I’m a LPR or should I wait for my naturalization?

Asked on Dec 03rd, 2013 on Immigration - California
More details to this question:
I am a legal permanent resident of the US and my husband is a US citizen. I have 2 daughters in Manila and I want to bring them here. On May 2014, I will file for naturalization. I've read that there is a wait time for visa to be current under LPR. Please help me. Thank you.
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6 ANSWERS

It depends on where the kids currently reside and what their ages are. Also, it depends on how you got your LPR status and if it was through a spouse who is a US citizen, he/she can petition for your kids if they are below a certain age.
Answered on Dec 06th, 2013 at 11:14 AM

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If your children are under 18 and unmarried, your U.S. citizen husband should file petitions for them, as their step-father; it would be the fastest approach. Or you should file petitions now, and ask the USCIS to upgrade your daughters' cases when you become a U.S. citizen (but it is likely that your daughters will receive their green cards before you will become a citizen). If your daughters are over 21 or unmarried, you should file for them now. If you become a citizen, the waiting time for your daughters will be 2 years longer. If your daughters are married, you will be able to petition for them only after you become a U.S. citizen.
Answered on Dec 05th, 2013 at 4:50 PM

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You should always file the I-130 petition for your children as soon as you can. If you become a US citizen while the petition is still pending or while waiting for the priority date to become current, you can contact customer service to update your status and the petition may be processed faster.
Answered on Dec 05th, 2013 at 4:49 PM

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Immigration Attorney serving Van Nuys, CA at Law Offices of Hussain & Gutierrez
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If married your husband when your children were under 18 your husband can apply for them right now. If the children were over 18 when you married and are now under 21, you should wait till become a citizen and you should apply for them
Answered on Dec 05th, 2013 at 4:49 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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It is true that there is a waiting period for LPR's until the priority date becomes current, while there is no waiting periods for U.S. citizens. A possibility would be for your husband to petition your children as his stepchildren. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Dec 04th, 2013 at 10:02 PM

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Immigration and Naturalization Attorney serving San Diego, CA
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I would file ASAP as you can always upgrade the case when you become a citizen or in the case of some categories you may want to elect to remain in the LPR category if it is faster. Depends on how old your kids are and whether they are married. If married you will need to wait until you are a citizen to file.
Answered on Dec 04th, 2013 at 9:31 PM

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