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3 years old child of a US Citizen

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  • 3 years old child of a US Citizen

    My friend have a three years old child. His child is not qualfied for cidizenship throgh a brith abroad. the reason is a physical present for the us citizen. The mother of the chid as well as his brothers just recieved their visa and have to travel to the us in the next three months, otherwise their Visas will experied.

    He did not file a petition for this child because he was born after he file I-130 for the family.

    If he file I-130, it will take more than three years before getting a visa. Right now he wants to find a fast way to bring him to the US and adjast the status, but he did not know how.

    Any advice will be helpfull.

    thank you in advance

  • #2
    I need more information.

    Is your friend US citizen?
    Has the US citizen filed for green card for spouse (mother of child)? In other words, is that immigrant visa?

    If your friend is US citizen, his child qualifies as immediate relative and will not take many years to immigrate. Less than 1 year.
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    • #3
      more information

      Yes he is a US Citizen.
      Yes He did and his wife received her Immagrant Visa about two months ago, and the visa will expired in march if she do not immigrate to the US and become a perminent resident.

      It will take more than a year to complate the process, even under IR2 preference.
      this is the breakdown from actual cases:

      first I-130 at the Vermount service will take at least 10 months. For IR3, they are processing pettition that was on January 2004. (Assuming simillar time frame) He lives in NY

      Second, the send it to the NVC and it will take about 3months to forward it to Yemen. (the country where the child live)

      third It will take at least 6 months if things goes smoth at the US embassy in sanaa. (It seems like corruption in there, many employees are careless in there). I know citizens who file for their biological minor's (IR2) and took 4 years to recieved imagrant visa, meanwhile they provide everything to the embassy once they received notices to do so.

      He wanted his child to come here between now and march 2006. Immagrant visa is not suitable option now, unless he can have expediate processing.

      Thank you

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