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?
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.
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.
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