How long does it take for a I-130 petition for a child? 12 Answers as of March 29, 2012

How long does it take for a I-130 petition for a child in the US legally on a visitor visa? The I-130 was not file with a I-484.

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Fong & Associates
Fong & Associates | William D. Fong
An I-130 takes 6-9 months depending in the USCIS Regional Center.
Answer Applies to: Texas
Replied: 3/8/2012
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
It really depends on status of the person filing on behalf of the child. If the parent is a US citizen, then the child's I-485 can be filed at the same time. If the parent is not a US citizen, and the child is under 21, it is currently taking about 2-3 years.
Answer Applies to: California
Replied: 3/8/2012
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
If the I-130 is being filed for the child under 21 years of age (even better if under 18) by the child's parent, then it should be filed at the same time as the I-485. The child should be able to get the green card in less than 6 months. Why would anyone file the I-485 without the I-130? Get your money back since it is clear the person who filed it did not know what they were doing. If you did it yourself, please get an attorney. The reason is that this is a very basic piece of knowledge any filer should be aware of.
Answer Applies to: California
Replied: 3/29/2012
Law Office of Rebecca White
Law Office of Rebecca White | Rebecca White
It will depend upon the preference category. If the child is an immediate relative and a visa is immediately available the I-485 should be filed, even if the I-130 remains pending.
Answer Applies to: Washington
Replied: 3/7/2012
HADJIAN LAW P.C. | ZARI HADJIAN
At least 6 months.
Answer Applies to: California
Replied: 3/7/2012
    U.S. Immigration Law Group, LLP | Lisa D. Ramirez
    The I-130 does not need to be filed with the I-864. The processing time depends on whether the petitioner is a lawful permanent resident or U.S. Citizen and the relationship between the child and the petitioner (parent or sibling). It could range anywhere between 6 months - 18 months give or take some time.
    Answer Applies to: California
    Replied: 3/7/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    If you already have a file number, or receipt number, you should include that in the cover letter when you submit the I-130.
    Answer Applies to: Florida
    Replied: 3/7/2012
    Immigration Attorneys, LLP | Robert R. Gard
    USCIS will generally adjudicate an "immediate relative" (no quotas and visa numbers are immediately available) I-130 faster than an I-130 filed under one of the four family-based visa preference categories (most categories are significantly backlogged). USCIS has taken the position that visa petitions filed for someone under one of the backlogged categories are not part of their official backlog of unadjudicated cases, since a visa wouldn't be available anyway, even if USCIS adjudicated the petition quickly. They put these cases on a shelf and adjudicate them as time permits or when they see that a visa will soon become available to that priority date. This enables them to reduce their official backlogs, making them look more efficient to Congressional oversight, and also allows quicker adjudication for petitions for which a visa would be immediately available. There are many other factors that could affect adjudication timelines on I-130 petitions, including countries of origin/residence that may affect the levels and nature of background checking that is required and whether an RFE is issued for additional information. The USCIS Service Center adjudication timelines and processing times are listed on the USCIS website.
    Answer Applies to: Illinois
    Replied: 3/7/2012
    Law Offices of David Stoller, PA | David H. Stoller
    The average processing time for a "stand alone" I-130 is about 6 months. If the child is under 21 and unmarried and entered the US with a visa, the child may be eligible to have an application for adjustment of status considered in the US. If that option were taken, the child could possibly remain in the US and process and obtain her resident alien status without having to depart the US and ask for an immigrant visa to be issued through a US consular office abroad. My recommendation would be to discuss this case with a qualified and competent immigration attorney and to make sure that you are aware of the different options which may be available and are likewise aware of the risks and consequences of choosing the possible pathways available to obtaining lawful permanent resident status on behalf of the child. Good luck.
    Answer Applies to: Florida
    Replied: 3/7/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    An I-130 for a child typically takes 6-8 months to adjudicate depending upon what evidence there is to establish relationship. Depending upon the immigration status of the petitioner, a visa may be immediately available upon approval or the child may have to wait for a visa to become available. It is important that the child not fall out of status if the petitioner is not a U.S. citizen.
    Answer Applies to: New York
    Replied: 3/7/2012
    Law Office of Eric Fisher | Eric Fisher
    If you , the petitioner, are a USC, the I-130 could have been filed with an I-485 adjustment application. Denver is scheduling interviews in about 3 months, with approval possible the same day. If you are an LPR, the I-130 can take a year to be processed if there is a wait for the preference category to be available.
    Answer Applies to: Colorado
    Replied: 3/7/2012
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    You can always refile the I-130 with the I-485 at the same time. This process should only take between 3 to 6 months. If you file the I-130 first and wait for the approval before filing the I-485, it could take 6 to 12 months from start to finish.
    Answer Applies to: California
    Replied: 3/7/2012
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