In order to do that, however, the citizen's relationship with the "beneficiary" of the petition must be recognized as a qualifying one under U. And the law simply does not recognize grandchildren of U. As we mentioned above, however, there are strategies that might help your daughter avoid separation from her child, though it means her path to a green card will take longer. The first is for your daughter to wait until she is 21 or over for her to immigrate.
In that case she will not be an "immediate relative," but instead be classified in the "family first preference" F1 visa category.
Preference relatives are legally allowed to bring their derivatives spouse and ummarried minor children with them to the United States. The down side to this strategy is that there is an annual limit on F1 visas, as a result of which a waiting list has developed, and it will likely take several years after you file the I for her to be able to move forward with a green card application. You'd need a lawyer's help to work out the details of timing this correctly. Another, similar possibility is to wait until your daughter gets married, in which case she would be classified under the "family third preference" F3 visa category.
Because this, too, is not an "immediate relative" category, she would be able to bring her spouse and child. But the waiting list in this category tends to be even longer than in F1.
These are complex strategies, so again, your best bet would truly be to consult with an immigration attorney for a full analysis and help in properly preparing and filing the paperwork, and working out how best to time the whole process. That means that if a particularly high number of people submit petitions for family from certain countries—as is often the case with India, Mexico, China, and the Philippines—their family members end up waiting even longer than others.
Because of annual limits on how many green cards immigrant visas are given out, and the unpredictability of how many people will submit petitions each year, no one can say exactly how long each preference-category applicant will wait. All we know for sure is how long the people at the front of the line right now have been waiting.
As a general rule, applicants in higher preference categories wait less time. The average time that people have been waiting as of February is as follows:. Currently no wait in category 2A for spouses or minor children, but in the past it's typically been in anywhere from two to 22 years, depending on country of origin.
In category 2B, for unmarried children over 21, the average wait is six years from most countries, 22 years for citizens of Mexico, and ten years for citizens of the Philippines. Thirteen years for people from most countries; but 24 years for citizens of Mexico and 19 years for citizens of the Philippines.
Fourteen years for people from most countries; but 15 years for citizens of India, 22 years for citizens of Mexico, and 19 years for citizens of the Philippines. Although these waiting periods are not set in stone, it's been true for years that the longest waits are endured by siblings of U. It's your job as a U. Your family member can't enter the U. Immigration Nolo. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Grow Your Legal Practice. Following USCIS's approval, however, the intending immigrants might have to wait several years until their "priority date" is current and they can move forward also following the same process described above. For example, instead of petitioning for a grandparent, a U.
But this strategy almost always requires long-term planning, because obtaining both a green card and eventually U. One important variable is that, in the visa categories subject to annual limits in what is called the "preference" categories , the number of people applying almost always exceeds the supply of available visa numbers green cards.
The result is that applicants must typically wait a long time until a visa number is available. The average wait is from five to 25 years, depending on the visa category and the country from which the immigrant is applying due to per-country limits. In recent years, however, there have been visas available in category 2A with little to no wait. Keep in mind that every immigrant must fit the eligibility criteria all the way up through their approval for adjustment of status or entry to the U.
If, for example, someone immigrating as an unmarried child gets married in between receiving their U. See an immigration attorney if you encounter complications like these. Browse All Immigration Topics ». The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 Immediate Relatives of U.
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