Q: Form I-130, Petition for Alien Relative - will this process be faster if a parent is already in the USA visiting?
vs if they are overseas. Visiting as a tourist. The form is filed by a US citizen older than 21. Parent is in late 40s. Country of origin - Russia. Please let me know if you need any more details. Thank you!
A: The answer to your question depends on a number of factors, including what local USCIS field office would have jurisdiction over the visiting parent's application to adjust status that would accompany the petition for relative filed by the adult U.S. Citizen child. Some field offices process cases more quickly or slowly than other USCIS field offices. Based on my observations, if the parent pursued a consular processing case instead, it may take approximately 10-12 months (based on current processing times) before the parent would be scheduled for an immigrant visa interview in connection with a petition case filed by the U.S. Citizen child. This also assumes there are no issues, such as past negative criminal history or negative immigration history. What you should likely do is schedule a consultation with a competent immigration attorney who can discuss all aspects of this prospective case.
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