Help Desk:

I became a U.S. permanent resident about 2 years ago. Can I apply I-130 application for my unmarried son's immigration to U.S.? My son is now 28 years old. 

Also, when I become naturalized U.S. citizen 3 years later, if my son got married at that time, could I use the earlier priority date to continue his immigration process, but increase his case's speed?

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Answer: As a U.S. permanent resident, you can apply for your unmarried son who is now 28 years old. However, if your son is married prior to the time you become a U.S. citizen, his case will automatically be revoked, because a U.S. permanent resident can not apply for immigration for his or her married child.

On the other hand, if you become a U.S. citizen first and then your son marries later after your U.S. citizenship, your son can enjoy the earlier priority date for him to continue his immigration process, and can immigrate both himself, his wife, and any children that they may have in the category of U.S. citizen's married child.

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