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Old 12-03-2014, 06:44 PM
 
27,214 posts, read 46,761,394 times
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I was wondering if anyone has experience if the timelines given by USCIS are correct when it comes to parents being endorsed by their child for a green card after their child becomes a citizen.

Right now it shows March 2014 as last application processed for a green card but USCIS has told the person that it depends on the Country they are from but I told the person that as far as I know parents are not subject to a green card number becoming available...

If USCIS is so backed up how will that be when the illegal will start to apply?

Just today we got a rental application from a US citizen and his wife is an illegal and they tried to apply for her with no tax ID and no SSN which is not an issue but than showing a visa that was known by me and not as they explained and upon asking for their I-94 they never heard what an I-94 is or that they had one so I asked them if she overstayed and the husband stated she is in the process to get a green card under Obama's new signed bill....

If all the illegal will get in front of the line how will that affect legal?
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Old 12-04-2014, 06:08 AM
 
24,589 posts, read 10,896,457 times
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Current processing times for immediate family members runs 6-9 months.
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Old 12-04-2014, 08:06 AM
 
Location: Charlotte, NC
983 posts, read 1,635,120 times
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Quote:
Originally Posted by bentlebee View Post
I was wondering if anyone has experience if the timelines given by USCIS are correct when it comes to parents being endorsed by their child for a green card after their child becomes a citizen.

Right now it shows March 2014 as last application processed for a green card but USCIS has told the person that it depends on the Country they are from but I told the person that as far as I know parents are not subject to a green card number becoming available...

If USCIS is so backed up how will that be when the illegal will start to apply?

Just today we got a rental application from a US citizen and his wife is an illegal and they tried to apply for her with no tax ID and no SSN which is not an issue but than showing a visa that was known by me and not as they explained and upon asking for their I-94 they never heard what an I-94 is or that they had one so I asked them if she overstayed and the husband stated she is in the process to get a green card under Obama's new signed bill....

If all the illegal will get in front of the line how will that affect legal?
There is no such thing as a "green card under Obama's new signed bill" ... it's a deferral of deportation proceedings, plus a work permit for the deferral time. President Romney or President Jeb Bush or President Paul could easily revoke it.

As for the original question, it does depend on nationality, Mexico, India, China and Philipinnes are severely retrogressed. All other areas of chargeability are on March 2013 (not 2014). You can check this information in the visa bulletin: Visa Bulletin For December 2014.

Once the date is current, the processing time 6 to 9 months as Threestep wrote.
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Old 12-04-2014, 09:47 AM
 
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This Obama Something has taken on a life of its own. Especially in circles potentially effected by it, being overwhelmed by hearsay, limited language skills, third party translations, ...
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Old 12-04-2014, 10:08 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,718,121 times
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Quote:
Originally Posted by Threestep View Post
This Obama Something has taken on a life of its own. Especially in circles potentially effected by it, being overwhelmed by hearsay, limited language skills, third party translations, ...
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Old 12-07-2014, 07:19 AM
 
Location: North Carolina
282 posts, read 444,490 times
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If she has a child over 21 who is a U.S. citizen, it doesn't matter what country she is from. As an immediate relative, she'd not be caught in any quota backlog; only a processing backlog. And the processing backlog will depend on where in the country she lives--each office has its own processing time. But as Threestep rightly says, six to nine months is largely the average.

That being said, it sounds like she is here without current status. If she entered without inspection, she likely will not be able to adjust status to permanent residence (there are exceptions to this, however). If she overstayed, she likely will be able to (assuming no other bars). And if she has a U.S. citizen daughter, she likely will be eligible for a work permit once they start processing applications 6 months from now. While a new Administration could reverse the executive action that enables that work permit, there may be a way for her to get a green card once her daughter finishes her naturalization even if she did enter without inspection. A good immigration lawyer should be able to map it out for her.
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Old 12-07-2014, 11:00 AM
 
27,214 posts, read 46,761,394 times
Reputation: 15667
Quote:
Originally Posted by trying harder View Post
If she has a child over 21 who is a U.S. citizen, it doesn't matter what country she is from. As an immediate relative, she'd not be caught in any quota backlog; only a processing backlog. And the processing backlog will depend on where in the country she lives--each office has its own processing time. But as Threestep rightly says, six to nine months is largely the average.

That being said, it sounds like she is here without current status. If she entered without inspection, she likely will not be able to adjust status to permanent residence (there are exceptions to this, however). If she overstayed, she likely will be able to (assuming no other bars). And if she has a U.S. citizen daughter, she likely will be eligible for a work permit once they start processing applications 6 months from now. While a new Administration could reverse the executive action that enables that work permit, there may be a way for her to get a green card once her daughter finishes her naturalization even if she did enter without inspection. A good immigration lawyer should be able to map it out for her.
They are all legally here with a valid visa and entered with obtaining a valid I-94 which now is an online website for to check instead of the white card.

They live near me in Tampa. The parents will change status to get a green card. Nothing illegal going on

I was just wondering if anyone has been in a similar position and what their experience was and if the time lines are as they are pointed out in the USCIS time line since the USCIS person by phone told them it may differ by Country or origin.
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Old 12-09-2014, 04:55 PM
 
Location: North Carolina
282 posts, read 444,490 times
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Quote:
Originally Posted by bentlebee View Post
They are all legally here with a valid visa and entered with obtaining a valid I-94 which now is an online website for to check instead of the white card.

They live near me in Tampa. The parents will change status to get a green card. Nothing illegal going on

I was just wondering if anyone has been in a similar position and what their experience was and if the time lines are as they are pointed out in the USCIS time line since the USCIS person by phone told them it may differ by Country or origin.
Ah! Sorry, I was conflating the two situations you discussed.

Unfortunately, the people who answer the info lines for USCIS are not USCIS employees. They are contractors who too often get it wrong.

A parent of a U.S. citizen over age 21 is classed an "immediate relative," and is not subject to quota backlogs, which includes the per country quotas. Therefore, the info given was wrong about it depending on nationality. Nationality makes no difference here. See this page Green Card for an Immediate Relative of a U.S. Citizen | USCIS , and note in particular the paragraph stating "Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate because there are an unlimited number of visas for their particular categories."

So, the parents are subject only to the processing backlog. That is the one thing the info person was right about. In Tampa, they are currently working on applications submitted in March, so they can expect about a 9-month delay. It can be looked up on this page https://egov.uscis.gov/cris/processTimesDisplayInit.do
. Scroll down to Field Office, and select Tampa, then look for the time for I-485.

The deferred action announced by the President should not impact their processing time. That is being handled in a designated office near Washington, DC or a processing center in Missouri. The local office in Tampa won't be involved.
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