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what should be my next step?

USA immigration, green card questions:
Employment based Green Cards | H-1B visas | Family based Visas | Citizenship

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suny
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Posts: 7
Joined: Mon Jun 11, 2007 12:15 pm

what should be my next step?

Post by suny » Mon Sep 10, 2007 5:32 am

my visa of e3 category is refused because i am over aged and also i am not eleigible to get benifit from CSPA.
my dad got green card three years ago.
plz tell me what should he do now to call me asap?
does he have to apply again for me?
my mom and my younger brother are also going now.
plz tell how can they apply for me now?
how much approx time it may take?
my dad will be a citizen after 2 years and also tell me does he needed to apply for citizenship also after getting green card or if someone get green card he/she became citizen autmatically aftewr 5 years?

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Mon Sep 10, 2007 11:43 pm

Your father can apply for US citizenship 5 years minus 90 day after obtaining his green card. Are you married, or do you have plans to marry?

suny
Newly Registered
Posts: 7
Joined: Mon Jun 11, 2007 12:15 pm

Post by suny » Tue Sep 11, 2007 4:47 am

i am not married and no plans yet.
my dad got green card 3 yrs ago.
please tell me if he applies for me now then my category will br F1 and it will take too much time but tell me how muc apprx time will it take after my dad became citizen?
also my mom will there there my whole family wil be there and i will be alone here , will it help me to go fast?

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Tue Sep 11, 2007 8:09 pm

suny wrote:i am not married and no plans yet.
my dad got green card 3 yrs ago.
please tell me if he applies for me now then my category will br F1 and it will take too much time but tell me how muc apprx time will it take after my dad became citizen?
also my mom will there there my whole family wil be there and i will be alone here , will it help me to go fast?
If your father petitions for you now your category will be F2B, not F1. When you aged out you went from F2A (unmarried sons and daughters of PR's under 21) to F2B (unmarried sons and daughters of PR's). After your father becomes a US citizen you will become F1 (unmarried sons and daughters of citizens).

If you marry while your father is a PR you will no longer be eligible for any Family Preference category. If your father is a USC, then you will move from F1 to F3 (married sons and daughters of citizens).

Current processing times for India:

F1: 6 years
F2A: 5 years
F2B: 9 years
F3: 8 years (see here)

This refers to applications which are being processed this summer, so it is only a rough indication of the future.

My suggestion is to get your father to file for you under category F2B now, then upgrade the petition to F1 when/if he becomes a USC. You never know, he may decide not to apply for citizenship or his application may be denied for whatever reason. Applications for naturalization seem to take 6 months to a year, but I'm not sure.

Unfortunately I don't think that the fact that your mother and brother are in the US has much relevance as far as your father's petition is concerned. However, why not ask your mother to petition for you as well?

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