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I becoming american on 02/26, and I want to apply the papers for my 30 years old son. He leaves in Argentina, and is coming soon

Alhambra, CA |
Filed under: Immigration Green cards

I am wondering if applying for his green card is enough by filling I 130 form, or if I need anything else. He is coming to visit me soon, it is OK if he stays in USA, or he will need to go back to argentina until we get his green-card?

My son is 30 years old and single. What is the next step after the I 130?, a K-4 visa?

Attorney Answers 2

Posted

The I-130 is only the first step. It is NOT an application for permanent residence for your son. Depending on whether your son is married or single, he will need to wait for years before he is eligible to apply for a green card. It is impossible to predict exactly how long he will wait, but currently the wait is about 7 years for a single person, and 10-11 years for a married person.

Your son may NOT remain in the USA while he is waiting, unless he has some other type of visa or authorization for him to stay in the United States.

You should consult with an immigration attorney about the situation.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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2 lawyers agree

Posted

There will be waiting time before your son will become eligible for adjustment of status. If he continues to stay after the I-130 is filed he will be staying without status until he becomes eligible to adjust. Consult an immigration lawyer.

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