Citizenship eligibility (Father is a citizen)

[Pallav_k_19]

Hi,

Its a little complicated so wanted your advice.

- My father is a US citizen and my mother is not.

- My parents are now separated

- When I was born my parents were together and my dad was not a US citizen.

- I am over 18 years now and married.

- I am currently working in USA on H1B.

My father is willing to help me with my green-card or citizenship application, which ever is applicable.

Can he do that for me now?

Thanks

[Attorney_11]

A US Citizen parent may sponsor a married child in the Family Third Preference. This is a backlogged category - depending on the country of birth, current priority dates are either 10 or 20 years old. Citizenship by transmission may be possible, but the rules are complex. It is advisable to contact a qualified immigration attorney to determine personalized options.

[Pallav_k_19]

Thanks for the reply. I have a couple of follow-up questions:

1. As I am in USA on H1B do I need to file both i130 and i485 at the same time?

2. If I file both the applications can I still go ahead with my employment based green card (When my company files)?

3. On USCIS website the processing times for my category of green card is set to mid-2012 i.e. almost 1 year behind (as per the above comment it should be 10 years). Can you please clarify why is it 10 years?

Thanks

[pontevecchio]

F3 for India is backlogged by 11 years. Look at the Visa bulletin under Married child of USC.

[Pallav_k_19]

Thanks @pontevecchio . Can you please answer the other three questions.

[pontevecchio]

1. If you were to be present here legally for 10-11 years then you would be able to file for AOS. At the moment you can only have an I-130 filed and future tourist visas may be compromised.

2. Let the company also file if they want.

3. See my previous reply

[t75]

You may not remain in the US to wait without maintaining a valid status on your own credentials.