if i am getting my green card in june and if i apply for my sons green card, how long will it take to process he is currently in USA with legal port of entry. his birthday is june,1,1990 will he qualify as under 21 or above 21?
my daughter petitioned for my green card who is american citizen he is from india, but he is in USA
First of all, your son being under 21 years old does not mean he will be able to immediately get his Green-Card. Since your are a resident and not a U.S. Citizen, I would have to know how you got your Green Card and who petitioned you. If it were a petition that allows derivatives to follow-to-join, then you must hurry and get the petition in for your son. If not, and you must petition him the normal way as a resident, that would take years.
Brian D. Lerner
Attorney at Law
When an adult United States Citizen, like your daughter, files a petition for her parent, like you, that parent is not allowed to include their other children in the same petition. In other words, your son is not eligible to become a permanent resident based on your daughter's petition for you.
Based on your question, I can see at least two options for your son, but neither will allow him to become a permanent resident immediately. The first option is for your daughter to file an I-130 petition for him now. This will place him in the 4th preference family based immigration category. In addition, once you become a permanent resident, you can also submit an I-130 application for him. If he is under 21 at that time, he would be placed in the 2A preference category. If he is over 21 at the time and unmarried, he will be placed in the 2B category. If he is originally placed in the 2A category and then turns 21, he may still be able to stay in that category (which is generally faster than the 2B category) if the Child Status Protection Act protects him. You may also be able to make his process faster by becoming a naturalized citizen once you are eligible.
I would recommend that you speak with an attorney that specializes in immigration to go through each of your son's options in greater detail so that no opportunities for him to become a permanent resident are missed.
Elizabeth Rompf Bruen
Attorney at Law
Scott D. Pollock & Associates, P.C.
105 W. Madison Street, Suite 2200
Chicago, IL 60602
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If you would like me to list time estimates for each of the categories, please state which country your son is from.