Immigration Issues/I130 vs BC renewal
I have a LPR (green card)and have filed a petition for my minor child on Jan 2006 which is still pending. Right now he has a BC (border crossing)tourist visa with expiration date on 2008. My question is if he is going to be able to get a renewal of his current BC visa while the I30 petition is pending? and if not, What can be done so he can continue coming to visit the US? how long is it
taking to get an I30 petition aproved? What is category and priority for a permanent resident filing for her 17 yrs old son, and what can I do if he reaches 21 yrs old and the petition is still pending?
Thank you very much for the advice you can give me and sorry about the many questions but I have many doubts. Regards,
Lic. D.Lara Miranda
AllExperts Volunteer/Mexican Law
A little confused with your question...you state "...filed a petition for my minor child"...then you state "...and priority for a permanent resident for HER 17yo son"...
who are you talking about, your child or someone elses?
However, if it is your child, it will be a second preference petition and can take awhile.
People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:
First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
Third Preference: Married sons and daughters of U.S. Citizens.
Fourth Preference: Brothers and sisters of adult U.S. Citizens.
Once USCIS receives your visa petition (Form I-130, Petition for Alien Relative), it will be approved or denied. USCIS notifies the person who filed the visa petition of the petition was approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify the foreign national when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation, or that of your sponsor, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.