Immigration Corner | How long do I have to wait for my green card?

Dear Mrs Walker-Huntington,

I am being filed for and I would like to know how long it will take.

I am 15 years old, but will be 16 next month. My father, who is a US citizen, started the filing process yesterday, and I would like to know how many months it will take for the processs to be completed.

Thank you.

– TF

Dear TF,

As the minor child (under 21 years old) of an American citizen, you are considered an immediate relative of your American parent. If you were born when your father was already an American citizen, you should investigate whether you could obtain American citizenship from your father, without going through the filing process for a green card.

The immigrant visa for an immediate relative is processed as quickly as time will allow, that is, there is no waiting for a visa to become available, as one is immediately available for you. However, due to processing times with US Citizenship and Immigration Services (USCIS) and backlogs for interview at US Embassies around the world, it might take longer that it would pre-pandemic.

It is currently taking 10-16 months for the first phase of the process to be approved for the minor child of an America citizen. This time frame depends on which USCIS service centre is handling the petition.

Once the petition is approved, it will move to the visa-processing phase, and that will depend on how quickly and efficiently your father files the documents and forms required and submit them to the National Visa Center. At this time, if your file goes through without any hiccups, it could take 12-24 months to an interview – maybe longer.

An issue that could intervene in your case is whether your father and mother were married at the time of your birth, or subsequently; and whether your father’s name was added to your birth certificate at birth, or shortly thereafter. If your father and mother were never married to each other and/or if your father’s name was added late to your birth certificate, you should be prepared to prove that he is your biological father and/or that you have a parent-child relationship. Begin to gather evidence of your father’s financial and parental support for you – especially since he migrated.

If you migrate to America and are living with your father before you are 18 years old, you can derive US citizenship from him without having to wait five years to apply.

I hope this sheds some light on your situation. You are a remarkable youngster to make this inquiry on your own at your age. Best of luck to you for the future.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator, and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com