The immigration journey through family sponsorship can be a significant step towards reuniting with loved ones; however, there are certain requirements that must be met, and the timeline for getting approved can vary depending on the details specific to your application.

First and foremost, if your child is over 21 years of age and is a United States Citizen, they can petition for you in 2 different ways.

If you entered with a parole or Visa, your child could file an Adjustment of Status case. An Adjustment of Status (or, AOS) is the process by which certain non-U.S. citizens who are present in the United States can change their immigration status from a temporary visa holder to a lawful permanent resident without having to leave the U.S. and go through consular processing.

Consular processing: this is the process of obtaining your green card through a consulate at the US embassy in your respective country.

If you entered the United States illegally, your child won’t be able to get status for you; they can start the process, but they won’t gain status. If you file your application this way you would have a 10-year bar, meaning you can apply for an I-130 but you will have to go back to your respective country for 10 years.

The rough estimate for processing your application in scenario 1, where your child files to have an Adjustment of Status is 8 to 14 months, while the estimated time for a green card holder through the consular process is 14 to 36 months (about 3 years). These timeframes are estimates and will also hinge on how busy the USCIS is when your petition is filed. Our immigration clients are always excited for a quick resolution, but the immigration process was designed to be thorough and ensure that all applicants meet the necessary requirements. This is why applications take time and penalties for unauthorized stays or mistakes on filings are emphasized and can cost you a significant amount of time in getting your status.

As we mention in all our immigration articles, this is an area that we practice where laws are constantly changing. The immigration process can be complex if you are not familiar with its ins-and-outs; additionally, mistakes that you make on your filings can cost you opportunities to get approved and delay future filings. There are already so many external factors that can slow down the speed of your application (such as busyness of the USCIS, or world events like war or a pandemic) that it really makes sense to get advice from an immigration attorney when considering which course of action is best for your situation.

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