# RSA Citizen - Father is naturalized USA Citizen



## Protea_1 (Aug 27, 2014)

My father is a US citizen, I would like to apply for a green card through him - a petition for alien relative I-130 form needs to be completed by him. I am married, so it would be my husband, myself and our minor child.

Has anyone been through this process, can you please give some advice, how long did it take etc.?


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## BBCWatcher (Dec 28, 2012)

I'm assuming in the following answer that you are ineligible for U.S. citizenship recognition yourself. That might be the case if, for example, your father did not reside in the U.S. for the minimum required period when you were born.

Yes, he'd begin the process by filing Form I-130 (and related attachments). Unfortunately there's a quota limit on visas available to married adult children of U.S. citizens such as you. At last report, and assuming I'm reading the report correctly, the U.S. State Department is processing visas for applicants in your category who filed in 2003. That is, the current recipients of immigrant visas had to wait about 11 years to come to the front of the queue. It's more like 21 years for immigrants from your category from Mexico and the Philippines (with the same caveats).

It's not really possible to forecast the waiting time for _today's_ applicant. It might be the same, it might be shorter, it might be longer. But 11 years would not be surprising, unfortunately.


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## Protea_1 (Aug 27, 2014)

Thank you for your reply. 

My father is born in South Africa and has been in the USA for almost 20 years, my brother is with him at the moment but went there as a minor aged 11, he has acquired citizenship already. He wasn't in the USA at the time I was born.

I am aware of the quota system for visas in my category, I was however hoping someone from South Africa that has been through this process and could tell me what their experience was, how long they waited etc.


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## BBCWatcher (Dec 28, 2012)

Protea_1 said:


> He wasn't in the USA at the time I was born.


That's OK and not surprising in the circumstances.

I'll ask the general set of questions first assuming that you were born on or after November 14, 1986, and assuming your mother was/is not a U.S. citizen or U.S. national. (If you were born earlier, please advise.) Was your father a U.S. citizen when you were born? Was he present in the United States for at least 5 years prior to your birth, at least 2 years of which was after he reached the age of 14? And was he married to your mother when you were born? If the answer to all these questions is yes, you are a U.S. citizen already and would simply need to pursue (with his support) documenting that fact.

If the answer to one or more questions is no, there might be other possibilities, but it depends on the facts.


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## Davis1 (Feb 20, 2009)

U.S. Citizens
http://www.uscis.gov/USCIS/Resources/A1en.pdf
current wait time 

Third: (F3) Married Sons and Daughters of U.S. Citizens

11/12 years


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## Protea_1 (Aug 27, 2014)

Yes, my mother and father were married when I was born and no to the rest.

What is your expertise regarding Visa applications? Are you an immigration attorney or have considerable experience regarding the visa applications. You seem to be quite knowledgeable.


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## twostep (Apr 3, 2008)

Fishing for facts:>)

Your father is a naturalized US citizen, you were born prior to he US citizenship, you are over 18 and married?


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## BBCWatcher (Dec 28, 2012)

OK, if you have no claim on U.S. citizenship -- and please triple check that! -- then I think you will be in preference category F3 as Davis1 explained upthread. The most careful, accurate way to characterize the waiting time is that the U.S. State Department is currently processing visas for F3 preference applicants who applied for visas about 11 years ago. That should give you some _general idea_ of the waiting time for a person who applies today, but the waiting time could be substantially different. It just depends on how many applicants are in the queue ahead of you, how many take up visas, and whether allotments are adjusted.

Anyway, yes, your father can get this process in motion by filing Form I-130. I'd make sure there's a reasonable likelihood that you would emigrate several years from now since it's not free to file that form. But if that's true, that there's a reasonable likelihood, then he ought to file the I-130 (plus related attachments) as quickly as possible to get in the queue.

If you later determine that you are in fact eligible for U.S. citizenship recognition or some other route into the U.S. then that's no problem.


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## Protea_1 (Aug 27, 2014)

twostep said:


> Fishing for facts:>)
> 
> Your father is a naturalized US citizen, you were born prior to he US citizenship, you are over 18 and married?


Yes, I am well over 18, married with a son of 15 months.


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## Protea_1 (Aug 27, 2014)

I was born well before 1986, I am a married child with spouse and dependant, I am not sure what the qualifying criteria is for citizen?


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## twostep (Apr 3, 2008)

Protea_1 said:


> I was born well before 1986, I am a married child with spouse and dependant, I am not sure what the qualifying criteria is for citizen?


Considering the information you gave here: This official site should walk you through. As you are over 18 and married your father as US citizen can petition for your and your child's (under 18) Green Card. See Visa Bulletin Category F3. Once you receive your Green Card you can petition for your spouse. Again see Visa Bulletin for processing times.

Family Immigration

Visa Bulletin For August 2014


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