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Am immigrant i want to petition my wife and daughter 3 years old they live in the Philippines right now..

Port Deposit, MD |

Hi I'm immigrant ( green card holder ) i want to petition my wife and daughter who live in the Philippines my daughter is 3 years old , i live in USA since 2004 some people telling me get my US citizenship first before filling I - 130 so it can shorten the wait . i went to visa bulletin to check the prior date of ( F 2 A ) and i don't understand this . . Spouses and Children of Permanent Residents : 7 7 of the overall second preference limitation , of which 75% are exempt from the per - country limit ; ( PRIOR DATE 22 SE P 10 ) here's the link : HTTP : / / travel . state . gov / visa / bulletin / bulletin . HTML help me to understand this : ( i just wanna make sure how long it takes to get approved my wife and daughter I - 130 if i m going to file it this march . . i need a help and advice i m desperate i miss them so much

Attorney Answers 5


  1. Best answer

    Petition for your wife and child now. The wait is about 2 years and 4 months as of the current visa bulletin. If you decide to naturalize, there is no waiting time, but you do not say when you would be eligible to apply for naturalization.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  2. You're reading the wrong part of the bulletin.

    Basically, people from the Phillipines who are sponsored by greencard holders in the FB-2A category are waiting 2-1/2 years LONGER than people sponsored by US..

    It is a no-brainer ... become a US Citizen as-soon-as-possible.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. File everything you're eligible to file and can afford. Full steam ahead and let your lawyer coordinate the details.


  4. If you file the I-130 as a Permanent Resident, the wait is 2 years and 3 months at this moment. Your three year old daughter is eligible for derivative status which means she comes here with the mother and no additional I-130 needs to be filed for her. If you become a citizen then you simply upgrade your petition by sending proof to the USCIS of your new status. One drawback is that your daughter loses her derivative status and a separate petition would have to be filed for her. You haven't indicated how close you are to being eligible to file for US citizenship. You may need to consider this when deciding whether to file for citizenship. You may also file a separate I-130 for your daughter. After you have become a citizen, assuming you can, then the petition you filed for your daughter can also be upgraded.


  5. Generally speaking, for most cases it is much faster for a US citizen to help a spouse and child to immigrate than it is for a permanent resident. If you are eligible for citizenship you should take a look at whether it would be best to file a naturalization application now to help speed up the immigration process for you wife and daughter.

    (703) 424-2979. Virginia Immigration Lawyer - Helping Future Americans Become Citizens

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