CAN MY SON FILE FOR ME?
Good day Mrs Walker-Huntington:
Ifind your weekly advice to be very informative and helpful. I am writing to get some advice on a US citizen child filing a petition for his parent.
My son automatically received his US citizenship through his father while he was still a minor. He is now 21 years old. Can my son file a petition for me, taking into consideration that he acquired his citizenship via his father?
Your advice would be greatly appreciated. Thank you. – C.D.
Dear C.D.:
Currently, 21-year-old or older US citizens can file for their spouses, children, and parents. Spouses, minor children (under 21), and parents are considered immediate relatives, and if they are lawfully present in the United States, they can file to change their status. Sons and daughters over 21 years of age are placed in preference categories according to their marital status and have to wait on visas to become available, which can take years.
ADJUSTMENT OF STATUS
Usually, changing status in the United States would take four-six months to the in-person interview with US Citizenship & Immigration Services (USCIS). However, since 2017 and the advent of the Trump Administration, the processing time is running up to 24 months in some jurisdictions. This is happening, among other things, because more categories of persons are now required to have an in-person interview and undergo extreme vetting. While an adjustment of status is pending in the United States, the applicant is eligible for Work Authorisation and in some cases, Advance Parole, allowing them to travel out of the United States and return before receiving their green card.
Consular Processing – remaining in your home country and having the file routed to the US Embassy or Consulate in your jurisdiction – takes approximately nine months to a year.
Once a person is a US citizen, the individual can file a petition for any eligible family member notwithstanding that that person derived citizenship from a parent. However, this ability to file for parents, among other categories of petitions, is under attack by the Trump Administration and some Republican lawmakers. Whether the parent category will survive any changes in immigration law remains to be seen, and all persons who are eligible and want to migrate should file their petitions at their earliest convenience.