Asad Khan
Thursday, January 16, 2014 2:59:46 PM
My dad got his Green card 3 years ago.

I am his unmarried son of 30 years old age. I reside in Pakistan.

Here are a few follow up questions:

1. Should he file a petition for me as a Permanent resident or should he wait for a couple of more years so that he can get his US citizenship and then file it for me? Is there a difference when it comes to "consular processing" time.

2. Can he file two petitions for the same beneficiary, one as a PR and second as a US citizen later on?

3. What is the consular processing time for someone/beneficiary who is living outside USA if the petition is filed after 31, october 2013?

4. Actually, yesterday one of visa consular officers from USA embassy, islamabd hosted a live web host and answering questions related to Immigrant visas/petition.
I asked my question:

" My dad is a PR. If he files for a petition for me right now. It might take 10-12 years. Is it true? However, she said. This info is incorrect. It might not take that long. It could be 3-6 years and might be quicker if he was a US citizen". I thought I must have heard her incorrectly however I was checking consular processing time under
"check my case" status. This is the result I got : Can you explain it to me what is this supposed to mean?

1. I-130 form 2. PR resident filing for an unmarried son or daughter over 21 years old. 3. California service center.

USCIS National Goal - 5.0 Month(s)

USCIS National Average - 19.9 Month(s)

California Service Center - 36.4 Month(s)

Also, what is " Effective as of: October 31, 2013" supposed to mean?


Thanks

Asad Khan








walfredo
Thursday, January 16, 2014 3:37:48 PM
1. Should he file a petition for me as a Permanent resident or should he wait for a couple of more years so that he can get his US citizenship and then file it for me? Is there a difference when it comes to "consular processing" time.

From what I understand, your dad can file the i-130 now as a LPR. This will put you in the F2B category for visa (sons & daughters of LPR). Later, when he becomes USC, he can file a change to the i-130 to say he is now a USC, this will move you from the F2B category into the F1 category (unmarried sons & daughters of USC). From what I understand you can change your i-130 petition at a later date to reflect changes in your life and/or status.

Regardless, the waiting time for a visa for a children of LPR vs USC is only a 6 month difference (currently), but this could change. The total wait time for you would range between 6-7 years, and probably best if your father submits i-130 as soon as possible.

2. Can he file two petitions for the same beneficiary, one as a PR and second as a US citizen later on?

Probably wouldnt do this, have him call the USCIS to verify that he can in fact change the i-130 later once he becomes US citizen.

3. What is the consular processing time for someone/beneficiary who is living outside USA if the petition is filed after 31, october 2013?

Consular processing time varys between embassy's. I think that you have consular processing times confused with visa wait times (also known as your priority date). Visa waiting times vary depending on which immigrant category you are in. And the speed at which a visa will become available to you is contingent on the visa bulletin (http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html). Once your priority date becomes current, you will be able to have your visa interview at the local US embassy, at which point you will be granted entry into the USA, assuming they approve your visa request.


I would highly recommend that your father calls the USCIS and double-checks that he can later change his i-130 from LPR to USC. Dont just take my word no it (I am not an expert).
Asad Khan
Thursday, January 16, 2014 3:51:08 PM
Thank you. Cleared up my confusion.
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