Dan725

Immigration Gurus,

Can you confirm something for me? One of my friends is a 10 yr GC holder. His son (who is 20) would like to come to the States, and he was asking me how it could be done.

I told him that as far as I was aware, there was about an 8 year wait in that scenario. I said if he was a citizen, there would be no wait as in that case his son would class as immediate, being under 21....but as a GC holder, it would be under the "first preference" rule.

Now, he's not eligible to apply for citizenship for another year/18 mos or so. During that time....his son will turn 21. Due to the age turnover, its my understanding that he'll then be faced with a similar (8 yearish) wait, so out of luck waiting to become a citizen before applying, too.

If I'm right so far, here's the question for you - is there any provision, or benefit, for him applying for his son right now (i.e. before son turns 21, before friend gets citizenship)? Is there any provision for an adjustment when my friend gets his citizenship due to the fact that the form was filed before son was under 21...would this speed up the process in any way? (For instance, under the Child Status Protection Act provision? This is about as far as I got researching...got cloudy at this point).

Thanks!

Dan

Folinskyinla

"Friend" should file the I-130 NOW, before kiddo turns 21 and assume that kiddo does not marry. There are many reasons why and I don't feel like writing an essay on it.

ian-mstm

He should file now - if for no other reason than to secure his son a place in the queue. If the father naturalizes or if the boy turns 21, I believe the boy can still use the original priority date.

I'm sure someone will correct me if my understanding of the process isn't quite 100%.

Ian

Dan725

That was my read on it too, was just looking for some confirmation. I'll tell him to get on with it - thanks.