How long will my processing be for an I-130 unmarried child of US citizen over 21?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How long will my processing be for an I-130 unmarried child of US citizen over 21?

I am a Canadian citizen who filed a I-130 under the category of an “unmarried child of a US citizen over the age of 21.” I recently received an approval of this application and was told that it will be passed along to the NVC. Am I close to the interview stage? My priority date is in 2011, and the USCIS website says they are processing applications for my category only from 2004! Does this mean I have a 7-year wait? Some on the internet say I will get an interview within 6 months, others that it will be 10+ years. What is correct?

Asked on September 21, 2011 under Immigration Law, New Jersey

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

First of all, if you are the Canadian child, then your US citizen parent and not you would have been the one to file the I-130.  Secondly, it is a very long time to get the priority date to become current under this family-based preference category and it is likely that you will need to wait about 7 years as the NVC is currently processing petitions that were filed in June 2004.

However, if you are a Canadian citizen and have a higher level education, it should be fairly straightforward for you to get a job in the US and obtain a TN visa under NAFTA to be eligible to work in the US.  I would suggest that you consult with an immigration attorney to undertand all your options.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption