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anahi_pilar · Nov 12, 2008, 12:25 PM

I became a permanent resident about 3 months ago. In five years I will be applying for my citizenship. My boyfriend of five years is waiting for a visa to become available for him. His priority date is March 26th of 1996. He is over 21 and his mother who is still a permanent resident petitioned for him. My question is, which will be faster to adjust his status?

If we get married now? And once I become a citizen in five years I will adjust his status..

Or should his mother become a citizen now? Will this speed up the process any?
I know since he is over 21 he is not one of those since your parent is a citizen you are one now too.

Please help.. :confused:

He is from Mexico. And I know that USCIS is currently "working" on I-130's from Mexico from April 1992...

Thank You :)

Pilar

P.S. He entered the country illegaly when he was about 5 years old. Since then USCIS had only been granting him work permits. I think it's a V- Visa.

anahi_pilar · Nov 12, 2008, 12:34 PM

No, we wouldn't be getting married just to adjust his status. The reason why we don't want to marry now is because he will change categories again and it might take longer... One way or the other we will marry..

lawanwadee · Nov 12, 2008, 03:54 PM

Give me more details about his mom. Since when did she become lawful permanent resident, and at that time, how old was he?

V-visas are no longer issued... what exactly is his status? What kind of visa did he have when he entered US years ago... with or without inspection? Etc.

anahi_pilar · Nov 12, 2008, 04:03 PM

He entered the U.S. illegaly without inspection. When he was five now he is 26. So he entered about 21 years ago. I think his mom has been LPR for about 15-16 years. I think that he was 16 when his mom petitioned for him.

His I-130 has been approved but he is still awaiting a visa to become available. His mom was a LPR when she petitioned him and still is.

I can't get ahold of him to ask him what kind of Visa he has but I think he has to pay and renew it every 2 years..

lawanwadee · Nov 12, 2008, 04:56 PM

He has 2 options:

1. Wait until his visa number becomes current, retain an attorney to file a waiver or this will trigger 10 yrs ban. Mexico has the longest backlog so it might take several years.

2. He marries you after you become US citizen in the next 5 years. Do not get married now as many things could happen in 5 years. This is faster option but you should be careful.. many people get married just to get an easy path to LPR and then leave the spouse, etc.

In both cases, he will need an experienced immigration attorney to file a waiver and he must return to his home country for consular processing visa. Good luck.

anahi_pilar · Nov 13, 2008, 04:27 PM

What is the waiver for? And yes he does have a v visa. He meets all the requirements for it. I've done some research on it, but any given time when he reapplies for another v visa it may be denied :( gosh everything is soooo complicated

lawanwadee · Nov 13, 2008, 08:09 PM

It's possible but in situation like this, he should not proceed on his immigration issue without consulting immigration attorney, plus he should maintain his record, keep clean and clear from criminal charges, DUI, and drugs.