How can we sponsor our unmarried son over 21 for green card? 9 Answers as of March 24, 2013

We are US Citizens and would like to sponsor our unmarried son for green card. How long is the process. He currently holds a Canadian Passport. Also in the mean time if he gets married in Canada would this increase the processing time for both our son and daughter-in-law?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
How is it that the son did not get US citizenship when you did? If he did not qualify and you petition for him now, the process will be about 5-7 years. IF he gets married, his wife will be eligible as well but they will fall into a different family preference category and the processing times will change somewhat although not too much.
Answer Applies to: California
Replied: 3/24/2013
Law Office of Adebola Asekun | Adebola O. Asekun
You can file for your son even if he is over 21 years and even if he is married. But note that there are significant wait times in either category. Under F1 category, i.e., [unmarried son over 21 years of a US citizen], the wait time is about 7 years. Under F3 [married son of US citizen] the wait time is about 11 years. There are other immigration options under which your son may come into the US in a shorter time, but you need to speak to a competent immigration lawyer to advise and guide you through those options.
Answer Applies to: New York
Replied: 3/22/2013
Law Office of Justin G. Randolph
Law Office of Justin G. Randolph | Justin G. Randolph
You can file for him but it takes some time. You're looking at 7 years if he is unmarried and 11 if he gets married.
Answer Applies to: Illinois
Replied: 3/21/2013
Mayo Mallette PLLC
Mayo Mallette PLLC | Thomas J. Rosser
As US Citizens you are entitled to sponsor your unmarried son over 21 years of age for an immigrant visa and, ultimately, for lawful permanent resident status (LPR) on the basis of his classification in F1 Family-Sponsored Preference (Unmarried Sons and Daughters of US Citizens). As per the April 2013 USDOS Visa Bulletin, as a Canadian national he and you would be looking at a significant delay in availability of such visa slots since the USDOS is currently processing Canadian individuals having a priority date of 08 March 2006 or older. Should he marry in Canada, his classification would shift to F3 (Married Sons and Daughters of US Citizens) and the priority date is 22 July 2002 or older. As you can see, there is a significant difference in "wait time" relating to visa availability backlogs between unmarried and married sons of US citizens. We are hopeful that, as part of the current initiatives in Congress for substantive immigration reform, that Congress will address these backlogs and difficult waits and decide to increase the number of available visa slots for these family-sponsored preferences. You should consult with an experienced immigration attorney to guide you through this complex set of processes at the appropriate time. It is important to establish his priority date as soon as possible if the ultimate objective is for him to immigrate to the US.
Answer Applies to: Mississippi
Replied: 3/21/2013
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
The waiting time to petition for an unmarried son for green card is roughly 6 years, and if he is married then the waiting time is increased to 8 years.
Answer Applies to: California
Replied: 3/21/2013
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    You will want to review the Department of State Visa Bulletin for an overview of recent wait times. That said, you may also want to review whether he already has derivative citizenship.
    Answer Applies to: Washington
    Replied: 3/21/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    The first step is to file an immigrant visa petition on his behalf. The process takes about 8 years for an unmarried son over the age of 21 due to visa availability. If your son were to marry, he would have to wait about 11-12 years to immigrate due to visa availability. Please note these answers are merely estimates based upon the current visa bulletin and assume he is not seeking to immigrate from Mexico or the Philippines.
    Answer Applies to: New York
    Replied: 3/21/2013
    Kriezelman, Burton & Associates | Matthew Scott Kriezelman
    You would begin by filing a visa petition for him. The processing time varies depending on visa availability. If he got married generally the processing time would be longer.
    Answer Applies to: Illinois
    Replied: 3/21/2013
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    You can file a petition but the wait is about 7 years at this point. If he gets married, it will be about 4 years more. This is based on the current visa bulletin.
    Answer Applies to: Virginia
    Replied: 3/21/2013
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