Filing I-130 for stepchildren of a US Citizen

Asked over 2 years ago - 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. Carl Michael Shusterman

    Pro

    Contributor Level 20

    16

    Lawyers agree

    Answered . 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... more
  2. Peter Lunt Ashman

    Contributor Level 9

    5

    Lawyers agree

    1

    Answered . 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.

  3. Luis Alberto Guerra

    Pro

    Contributor Level 20

    4

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    Best Answer
    chosen by asker

    Answered . 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 SprintĀ® 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... more
  4. C. C. Abbott

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more

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