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Filing I-130 for stepchildren of a US Citizen

Las Vegas, NV |

My husband is a US Citizen and we want to file for my children (14 and 10).

1. What are the steps that we need to take?
2. How long does the process take? I read from one of the lawyers here that there is 'no waiting period' and a visa number will be available immediately. Can anyone please expound on that?

Attorney Answers 4


1) The process is adjustment of status (if the children are in the US and admissible), or consular processing if they are outside of the US.
2) The process for an adjustment takes between 4-6 months. The process for consular processing takes 7-9 months.
Sent on the Sprint® Now Network from my BlackBerry

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

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my apologies for the incomplete info. my children are both in the Philippines. i was told we only need to file I-130 for each of them here and the rest will be done in the Philippines. Is that correct?


I agree with Attorney Guerra.

Please see

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Attorney Guerra has provide dyou with an excellent comment. You should also examine the specific process for filing the I-130 on the USCIS web site as that document is the most recent version that contains the current process.

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

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Are the kids here in the US? Did they come in legally? If so its a pretty straightforward process that would take around three months. If the answers to either of these questions is no, then it will involve going to a consulate, but depending on the country, it should take between six and 12 months. What the "visa being immediately available" means is that there are no quotas for immediate relatives of US citizens. So the wait is due to processing times, not waiting in line for quotas to open up, which can be as long as 20 years depending on the country and the relationship. But you really should have a consultation with a knowledgeable expert in immigration law because there is a lot of information that needs to be exchanged.

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