How Long Must I Wait to Apply for Residency for My 21-Year-Old Son?

Question from Terry, How Long Must I Wait to Apply for Residency for My 21-Year-Old Son?

Answer from AI:

As a U.S. resident mother, you can apply for your 21-year-old son to become a permanent resident (green card holder) under the family-based immigration category. The process and waiting time can vary based on several factors, including your current immigration status and the specific visa category under which you are applying.

Understanding Family-Based Immigration Categories

The U.S. Citizenship and Immigration Services (USCIS) classifies family-based immigration into several preference categories. For a U.S. resident (green card holder) mother, the relevant category for a 21-year-old son is the **F2B category** (Unmarried Sons and Daughters, 21 years of age or older, of Permanent Residents).

Steps to Apply for Residency

Here are the general steps you need to follow to apply for your son’s residency:

1. File Form I-130: As a U.S. resident, you need to file Form I-130, Petition for Alien Relative, with USCIS. This form establishes the relationship between you and your son.
2. Wait for Visa Availability: After USCIS approves the I-130 petition, your son will be placed in the F2B category. He must wait for a visa number to become available. The U.S. Department of State’s Visa Bulletin provides monthly updates on visa availability.
3. File Form I-485: Once a visa number is available, your son can file Form I-485, Application to Register Permanent Residence or Adjust Status, if he is in the U.S. If he is outside the U.S., he will go through consular processing at a U.S. embassy or consulate.

Current Waiting Times

The waiting time for the F2B category can vary significantly. As of recent data, the waiting period can range from several years to over a decade, depending on the country of origin and the current backlog. You can check the latest Visa Bulletin for the most up-to-date information on waiting times.

Additional Considerations

• Priority Date: The priority date is the date when Form I-130 is filed. This date is crucial as it determines your son’s place in the visa queue.
• Country of Chargeability: The waiting time can be longer for applicants from countries with high immigration rates, such as Mexico, the Philippines, India, and China.
• Legal Advice: Given the complexity of immigration laws and the potential for changes, it is advisable to consult with an immigration attorney for personalized guidance.

Resources for Further Information

For more detailed information, you can refer to the following resources:

• USCIS Form I-130 Information
• U.S. Department of State Visa Bulletin

Remember, immigration laws and policies can change, so staying informed and seeking professional legal advice is crucial. If you have specific questions or need personalized assistance, consulting with an immigration attorney is highly recommended.