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DAP Forums > DREAM Act > The Lounge

Should my brother (citizen) or my mom (resident) petition?

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#1
04-18-2020, 08:32 PM
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My mom recently got her green card (last week actually) and I wanna fill out the paperwork for her to petition me as soon as possible. I've heard its faster for my mom to petition me rather than my brother which is why I never submitted my petition with him.

Has anyone had any experience having a parent who is a resident petition them? How long is the wait vs a sibling who is a citizen?
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#2
04-18-2020, 08:53 PM
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Either way it's gonna take about 25 years if you're Mexican. I'd go with your mom, she can upgrade your priority once she becomes USC but it will still be 20+ years.
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#3
04-18-2020, 09:00 PM
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Quote:
Originally Posted by 2MoreYears View Post
Either way it's gonna take about 25 years if you're Mexican. I'd go with your mom, she can upgrade your priority once she becomes USC but it will still be 20+ years.
20+ years? Wow never heard that before. I thought it would take about 7 years. Right now the goal is for her to quickly apply for US citizenship as soon as she becomes eligible.
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#4
04-18-2020, 09:03 PM
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F2B is currently backlogged about 5 years 5 months. 21 years 4 months for Mexico, 10 years 2 months for Philippines.
F4 is currently backlogged about 12 years 8 months. 14 years 7 months for India, 21 years 3 months for Mexico, 19 years 3 months for Philippines.

So F2B will most likely be faster. You can also have both file I-130s for you and just go with whichever will be faster. If you are covered under 245(i) you will be able to adjust in US, if not you will need an I-601A via your mother.

Alternatively you can seek employment sponsorship (EB-3 is currently backlogged about 3 years and those backlogs never last), EB-1, EB-2, and EB-4 are current. Again you'd either need 245(i) or I-601A.

Final option is to play the DV Lottery if you're from an eligible country. Since it's lumped with preference categories you can similarly file for adjustment using 245(i) or seek an I-601A waiver via your mother if you win.
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#5
04-19-2020, 02:28 AM
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Quote:
Originally Posted by Demise View Post
F2B is currently backlogged about 5 years 5 months. 21 years 4 months for Mexico, 10 years 2 months for Philippines.
F4 is currently backlogged about 12 years 8 months. 14 years 7 months for India, 21 years 3 months for Mexico, 19 years 3 months for Philippines.

So F2B will most likely be faster. You can also have both file I-130s for you and just go with whichever will be faster. If you are covered under 245(i) you will be able to adjust in US, if not you will need an I-601A via your mother.

Alternatively you can seek employment sponsorship (EB-3 is currently backlogged about 3 years and those backlogs never last), EB-1, EB-2, and EB-4 are current. Again you'd either need 245(i) or I-601A.

Final option is to play the DV Lottery if you're from an eligible country. Since it's lumped with preference categories you can similarly file for adjustment using 245(i) or seek an I-601A waiver via your mother if you win.
You should just get married to a USC and solve your status once and for all.
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#6
04-19-2020, 03:05 AM
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Quote:
Originally Posted by 2MoreYears View Post
You should just get married to a USC and solve your status once and for all.
I am not making that mistake again.
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#7
04-19-2020, 04:11 AM
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Quote:
Originally Posted by Demise View Post
F2B is currently backlogged about 5 years 5 months. 21 years 4 months for Mexico, 10 years 2 months for Philippines.
F4 is currently backlogged about 12 years 8 months. 14 years 7 months for India, 21 years 3 months for Mexico, 19 years 3 months for Philippines.

So F2B will most likely be faster. You can also have both file I-130s for you and just go with whichever will be faster. If you are covered under 245(i) you will be able to adjust in US, if not you will need an I-601A via your mother.

Alternatively you can seek employment sponsorship (EB-3 is currently backlogged about 3 years and those backlogs never last), EB-1, EB-2, and EB-4 are current. Again you'd either need 245(i) or I-601A.

Final option is to play the DV Lottery if you're from an eligible country. Since it's lumped with preference categories you can similarly file for adjustment using 245(i) or seek an I-601A waiver via your mother if you win.
You used to be a paralegal?
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#8
04-19-2020, 05:10 AM
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You used to be a paralegal?
Yeah, though I'm basically completely self-taught. Started digging into immigration law back when I originally found this place in 2009. I was 16 at the time.
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#9
04-19-2020, 10:46 AM
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Yeah, though I'm basically completely self-taught. Started digging into immigration law back when I originally found this place in 2009. I was 16 at the time.
Ok I'm your senior by a few years but we can work it out. Ping me.
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#10
04-19-2020, 10:05 PM
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Yeah, though I'm basically completely self-taught. Started digging into immigration law back when I originally found this place in 2009. I was 16 at the time.
that's pretty awesome. will you pursue a legal career further?
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