How long does an F1 family based green card take?

[Katiemary]

My Grandma was a nurse in US army in WW1 and was given US citizenship. My father (her son) was born in Scotland and became a naturalized citizen about 20 years ago. I am his unmarried daughter aged over 21 so assuming I'm an F1. I live in the UK, am a professional with a degree. I also have an 18 year old son. My questions are if my Father petitions for me to get a green card from the US while I am in the UK, how long is the wait time before I can go there and start working. I've read it can be 7 years - is that true? Also can I apply for my 18 year old son on the same application? Just trying to see how long before I can join him in the US and work legally.

[newacct]

If your grandma was a US citizen when your father was born, are you sure he wasn't a US citizen from birth? Did your grandma not spend enough time in the US before his birth to pass citizenship onto him or something?

[Katiemary]

If your grandma was a US citizen when your father was born, are you sure he wasn't a US citizen from birth? Did your grandma not spend enough time in the US before his birth to pass citizenship onto him or something?

Hi - Thanks for your reply. TBH I don't think it occurred to them to apply for the citizenship when he was born as she'd moved back to Scotland when she got married and settled. He did get his American citizenship via her but because my Grandma and my Father were both born outside the US it seems I only have the right to apply for a green card only and not automatic citizenship. That's my understanding of it anyway.

She spent her whole youth in Canada and the USA - she was a citizen of both countries - before retuning to Scotland to marry in her 30s. Her Father and Brothers built hotels across North America and she even had a native American middle name.

When you say did he qualify from birth - do you mean he could have technically been a US citizen all the time but didn't know it. Now he's already gone down the naturalization route which he qualified for via my Grandma, could that be changed and would it make a difference to my case?

I did apply in 1997 and had my 1-130 approved and was just a week away from my adjustment of status (I was in the US at the time) but an unexpected family situation meant I had to immediately come back to the UK. I understand that my original petition would be long expired by now.

Its the waiting time I'm trying to find out about now - applying from outside the US. Is it really 7 years or is it more fluid?

[newacct]

Hi - Thanks for your reply. TBH I don't think it occurred to them to apply for the citizenship when he was born as she'd moved back to Scotland when she got married and settled. He did get his American citizenship via her but because my Grandma and my Father were both born outside the US it seems I only have the right to apply for a green card only and not automatic citizenship. That's my understanding of it anyway.

She spent her whole youth in Canada and the USA - she was a citizen of both countries - before retuning to Scotland to marry in her 30s. Her Father and Brothers built hotels across North America and she even had a native American middle name.

When you say did he qualify from birth - do you mean he could have technically been a US citizen all the time but didn't know it. Now he's already gone down the naturalization route which he qualified for via my Grandma, could that be changed and would it make a difference to my case?

I did apply in 1997 and had my 1-130 approved and was just a week away from my adjustment of status (I was in the US at the time) but an unexpected family situation meant I had to immediately come back to the UK. I understand that my original petition would be long expired by now.

Its the waiting time I'm trying to find out about now - applying from outside the US. Is it really 7 years or is it more fluid?

Since your father was born (according to information from before your edit) abroad between 1934 and 1941 to at least one US citizen parent, he automatically acquired US citizenship at birth if his US citizen parent had resided at some point in the US before his birth (no specific period of time required); your grandma did reside in the US, so your father should have been a US citizen at birth. However, as a US citizen born abroad to only one US citizen parent (I am assuming your grandpa wasn't a US citizen) between 1934 and 1952, he was subject to "retention requirements", whereby if he didn't reside in the US for 5 years during certain ages (it was 13 to 21 at first; later changed to 14 to 28), he automatically lost his US citizenship. Since 1995, people who lose US citizenship in this way can re-gain it by applying for a passport and taking the oath. That may be what happened with him, which would be why he was not a US citizen when you were born. (And in any case, even if he was a US citizen when you were born, assuming he was your only US citizen parent, he needed to have been physically present in the US for a total of 10 years, including 5 years after turning 14, before your birth, in order to pass citizenship onto you anyway; he probably didn't meet this.)

Approved petitions don't "expire", but NVC can revoke them if they have been inactive for more than a year. (You could have called them at least once a year to keep it alive, but you probably didn't do that.) You can call them now to see if it is still alive.

Yes, F1 is around 7 years.