Dear Teacher 8 and other experts,
I understand it will take 12 plus years to apply green card for my sister and her family. Her son is 12 years old. If I submit the application this year (I-130), it will take about a year to get approved, right?
-Normally this kind of I-130 (F4 category) takes about 4 to 5 years for approval.
so the priority date would be 2017, then plus 12, is 2029. so her son will be 24. it passes the 21 years old for green card. Is this case going to be protected by CSPA? i
-If his CSPA age is < 21 at that time, he can use CSPA benefits to get the green card. Hard to predict it at this point.
f not, he has to wait for my sister to apply for him, that is another 7 years or so if he is not married, correct?
My other option is to adopt her son. can he use his B2 visa coming to US and then i will go to China to work on the adoptoin paperwork. After that, I need to wait for two years to apply for green card for him, correct?
-No. Because you are a US citizen, the child can apply for the immigrant visa (green card) immediately after the adoption. But you need to follow both the US adoption law and the Chinese adoption law to adopt the child. You may hire a lawyer to help you.
But B2 is only 6 months, can he stay legally until my submission of application since I already adopt him? Is the immigrant officer ok with the adoption of sister's child?
Can I also apply for my sister and her husband after I submit her son's application? -Yes.
Is her son's case going to affect her green card application?
-It is hard to say because it seems weird. Of course, no law restricts it. You may consult an experinced lawyer.
Sorry for so many questions, thank you so much for your help!
