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Can my son enter USA on 1 / 2 Visa and stays until an immigration visa becomes available to register for green card ?

Winthrop, MA |

I am a LFPR , a petition on behalf of my son is already approved and sent to NV as category FA and priority date August 10 2011 . My son now turned 22years old . He has visited many times USA . He will graduates the end of Sept . 2013 in University in Morocco on International Marketing . for information I have an other son US citizen . Please advise a possibility to hast the process . Thank you

My son already hold a B1/B2 visa witch still valid for up to 4 more years and visited USA two times while his case was pending. Did the step 1 and 2 of paragraph ''Green Card while inside USA'' in the web ''USCIS.GREEEN CARD THRU FAMILY may apply to my son case? Thanks

Attorney Answers 4


Your son will not be able to enter on a visitor visa and stay until the immigration visa becomes available for his green card. When a person comes to the U.S. on a visitor visa, they are saying they don't have intent to stay permanently -- they are only visiting. Since you have a family petition pending for your son, it is very possible they won't even allow him to come in with a visitor visa, because they'll think he's trying to stay permanently. If your son wants to visit, he can try to convince them he's only coming to visit, but that means he needs to be telling the truth, and he can't stay here waiting for the immigrant visa.

The only other way you can speed up the process is by becoming a U.S. citizen. That will bump your son up into the F1 category (assuming he's unmarried), which will get him here a little faster.

The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.

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Carl Michael Shusterman

Carl Michael Shusterman


Good answer.


I agree with Ms. Jacobson.

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I agree with my colleague. If he did he would ride right into immigrant intent issue and create complication you and do not need.

Site: email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.

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I agree with my colleagues.

Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.

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