Green Card through parents
 

Just a little background. My father is a permanent resident (Green Card) and so are my siblings. I had my DACA approved about a month ago. A friend of the family said that if I apply for a green card through my father (I'm 24), since I have already gone through biometrics and have my EAD, the whole process wouldn't take longer than a year. I'm a little skeptical to be honest. I know it doesn't take long if you're under 21, but since I'm over 21, I don't see how it would take less than a year, even though I already have my EAD. Any thoughts on this?

Re: Green Card through parents
 

my father recently became a naturalized citizen and he's in the process of getting my mom her green card (her interview is next week!) but he can't petition me for a green card (I'm 24) until he's been a citizen for 5yrs, so I'm sure your dad only having a green card won't do anything for you :/

Re: Green Card through parents
 

I know for a fact that you can apply, only it takes quite a few years. Never heard of that citizenship for over 5 years rule though.

Re: Green Card through parents
 

oh ok that's great if you can apply then. wish all the lawyers I ever went to would've told me this since my dad has had his green card for forever

Re: Green Card through parents
 

don't think that is true i am also waiting on a petition from my mom who is a united state citizen i still have to wait 6 years.with no ead because im over 21 years of age.thank god for daca so now i can wait with my ead,dl,and id and social.:D

Re: Green Card through parents
 

let me add that you can apply !!! where are you from? like what country were you born?

Re: Green Card through parents
 

Are you covered under 245i? Meaning that an immigation petition must have been filed for you by April 30, 2001. When you are Out of Status and not a "Child under 21 of a US Citizen," in order to Adjust Status when your Priority Date becomes current from a petition filed for you by a parent/relative, you need to be covered under 245i.

Re: Green Card through parents
 

Do you have ANY illegal presence acquired after you turned 18?

If so, you can't apply to adjust your status within the US UNLESS you're married to a USC (and that's only if you came in legally -ie: on a visa).

Sorry, no other way around it.

Re: Green Card through parents
 

245i, CSPA, and age of application. These are all factors. How they apply the CSPA is also a factor.

I believe you are actually out of luck the way you describe it. Unless you already have a petition by and are covered under 245i you have a long rocky road such as having to leave the country and not perhaps even being able to apply but instead ban barring you from the USA. Add the fact if they don't retroactively apply the CSPA and an even worse road.

If you had your petition filed and covered under 245i, your parent had petition you as a minor when a permanent resident, and then became a citizen it would only be a matter if they applied the CPSA retroactively since your case status was changed from an F2B to an F1 in the case of Mexico the difference is only about 9 months to a year to your application. Then yes in that case it would be a very speedy process. In any other manner it isn't going to happen, especially if you are from Mexico as their F2Bs wait time is over 20yrs at this moment.


http://www.immigration.com/greencard...ction-act-cspa

" The CSPA provides that if a US Citizen files a Petition for Alien Relative (Form I-130) on behalf of a child before he or she turns 21, the child will continue to be considered a child for immigration purposes even if USCIS does not act on the petition before the child turns 21. Children of lawful permanent residents also benefit if a Form I-130 is filed on behalf of their children.

From what I understand is that if your parent filed you under a permanent resident petition I-130 before you turned 21 and then you turned over 21, but he(your dad or parents in general) became a U.S. citizen your category would jump from an F2B to an unlimited category and no wait time which is great. However, if he didn't file you before 21 as a permanent resident and he files you after you would get an F1 category which for Mexico is 19 yrs instead of the usual 20 or so.


Basically these things will help:

-You are not from Mexico
-You are not from the Philippines
-Your parent is a U.S. Citizen
-You have a 245i
-You are covered under CSPA

Re: Green Card through parents
 

Nope, doesn't work that way. Like I said somewhere else:

Your age "locks" on the day one of the following happens:
* Your USC parent files I-130 for you
* Your LPR parent (who filed an I-130 for you) becomes a USC
* You are under 21 and divorce AND a USC parent has an I-130 filed for you.