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

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1. 

   Laura Jacobson

   Alexandria Immigration Attorney

   Contributor Level 13

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   Answered March 01, 2013 05:12. 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... moreThe 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. less

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2. 

   Matthew KolkenPro

   Buffalo Immigration Attorney

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   Answered March 01, 2013 05:29. I agree with Ms. Jacobson.

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3. 

   Dean P MurrayPro

   Hoboken Immigration Attorney

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   Answered March 01, 2013 05:32. I agree with my colleagues.
   
   ---------------------------
   Dean P. Murray
   The Murray Law Firm
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   T: (201)875-2600
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   Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... moreMr. 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 Avvo.com are intended as general information for the education of the public, and not for any specific individual. less

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4. 

   Alexander SegalPro

   New York Immigration Attorney

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   Answered March 01, 2013 05:30. I agree with my colleague. If he did he would ride right into immigrant intent issue and create complication you and do not need.

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