Home  Immigration Immigration Q&A
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Sunday, 30 November 2008 |
Question: Thank you for your help. I have a question about sponsoring my father for a Green Card. I came to the U.S. with my mom when I was 10 and both she and I got our Residency here through her marriage to my stepfather. I am now a U.S. citizen and just turned age 21. Is it possible for me to sponsor my dad in Jamaica for a Green Card, even though my stepfather sponsored me for my Residency? If so, how long will that take?
Answer: Good news! Even though your stepfather sponsored you for your U.S. Residency, you can still sponsor your own biological father. Since your father is in Jamaica, it will take approximately 8 to 12 months for the process to be completed through the U.S. Embassy and for him to be able to immigrate to the U.S. If your father was inside the U.S. (even with an expired I-94 card) you could still sponsor him and his application to adjust status to U.S. Residency could be filed at the same time along with a request for a work permit. That process is fairly quick, it takes about 5 to 6 months to receive a Green Card.
Question: Hi, I am here in Miami staying with my dad who recently became a U.S. Citizen. I am 22 and have not been able to attend college because my I-94 expired and I don’t have any legal status. Now that my dad is an American, if he files a family petition to sponsor me, is it possible for me to file for a work permit while I am waiting to get my Green Card? How long to I have to wait for residency?
Answer: That is a very good question and very misunderstood by many immigrants. Unfortunately, as the adult child of a U.S. Citizen, you are in the 1st family immigration preference category which does not allow you to immediately apply for either a work permit or residency. The easiest way to explain it is to give you a brief overview of family immigration categories. Family-based immigration is divided into two categories.
1) “Immediate Relatives”-The first category, which is given priority above all others, is called “Immediate Relatives”. Immediate Relatives are Spouses, Minor Children (under age 21) and Parents of U.S. Citizens. Immediate Relatives do not have to wait in any immigration line to immigrate, since the only waiting time is USCIS processing. Qualifying Immediate Relatives who are inside the U.S. can file to adjust status to U.S. Residency and request a work permit at the same time. The work permit generally takes 90 days to be issued and the immigration interview for U.S. Residency is usually scheduled within 6 to 12 months. When an Immediate Relative is outside the U.S. and must process at the U.S. Consulate, it generally takes between 8-12 months to complete the process. This is in contrast to the second family-based category below which has long waiting times.
2) “Preference” Relatives”- This second category is for relatives who are not Immediate Relatives. Preference Relatives of U.S. Citizens include the following: Adult Children (married and unmarried) and Siblings (brothers & sisters). Preference Relatives of U.S. Residents (Green Card holders) include the following: Spouses, Minor Unmarried Children and Adult Unmarried Children. There is no category for married children or parents of Green Card holders. All relatives in the “Preference” category are subject to visa availability and there are often long waiting lines which take many years for a visa to be available. In order to sponsor a family member, the U.S. Citizen or U.S. Resident files a family petition for his or her loved-one and receives an I-130 Receipt (called an I-797 Notice of Action). The USCIS then waits until a visa becomes available in the relative’s family category, then eligibility for residency begins.
There are no immediate immigration benefits for relatives in these “Preference” categories, They cannot obtain a work permit, social security number, driver’s license or renewal (in most states, now including Florida) or apply for a Green Card, until there is a visa available. For “Preference” Relatives outside the U.S., they must wait until the visa is available and process through the U.S. Consulate.
For those inside the U.S. with expired I-94 cards, with a few exceptions, under current regulations, the law does not allow adjustment of status to a Green Card. The limited exceptions include those who are eligible under 245(i) by having either an I-130, I-140, I-360 or Labor Certification filed on their behalf (or as a derivative dependant of a petition filed for a parent or spouse) by April 30, 2001. Spouses and Minor Children of U.S. Residents can qualify once the U.S. Resident naturalizes and become a U.S. Citizen.
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