Is it faster to petition my sons now that I am an immigrant or do I need to wait to be a US citizen?

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Is it faster to petition my sons now that I am an immigrant or do I need to wait to be a US citizen?

I got my green card over 18 mnths ago through marriage. My youngest (under 21) still in the Phillipines; my eldest (over 21) is now with me under F1. Is it true that I can file my naturalization 90days before my 2nd year anniversary on the issuance of green card? How long will it take for me to be a citizen and petition mys sons?

Asked on August 10, 2012 under Immigration Law, Maryland

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

YOu are eligible to file for naturalization within 90 days of the 3rd anniversary of the grant of your permanent resident status.  YOu may have to file for the removal of the conditional status, if your status is conditional within 90 days of the 2nd anniversary of the grant of permanent resident status.    You can file for your under 21 year old child right away and it will still take about 2.5 years before he will be eligible for an immigrant visa on the basis of your petition.  You probably should have filed on his behalf as soon as you got your green card because, depending on when he turns 21, he may age out of this category before the immigrant visa will become available.


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