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I'm a Green Card holder and i have a unmarried son (27 yrs) who is undocumented from last 4 years in usa.

Lawrenceville, GA |

1) What is the procedure to apply for his GC
2) What category will he fall into
3) does he has to go back to India and apply
4) how much time will it take to get him legal status.

Attorney Answers 3

Posted

Undocumented? How did he enter US? Sure, you can file a relative's petition but he can't adjust his status here and he will be barred from admission for 10 years after departure unless the I-601 waiver petition is granted, and that will be based on extreme hardship to you. Who knows what your situation will be in 7 and a half years. If he entered on a B-1/B-2 visa and falls in love with a US citizen and will be reciprocated in his feelings then he has a chance.

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Posted

1. You file USCIS form I-130
2. F2B
3. Yes
4. It may take forever, since he will need a waiver and the waiver grant is not guarantied.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; 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.

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8 comments

Asker

Posted

Why F2b and why not F2A?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

because he is not a minor.

Asker

Posted

thanks so his best option is to wait for Immigration Reform

Alexander Joseph Segal

Alexander Joseph Segal

Posted

No, the immigration reform is a blurry dot on the horizon and even if it happens it will not apply to him.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

read the reform bill on www.myattorneyusa.com. Look in the blog section.

Asker

Posted

as per the senate bill he should be here before 2012 and he is in usa before 2012 so why cant he apply??

Alexander Joseph Segal

Alexander Joseph Segal

Posted

because the Senate bill is not the law and will NEVER be law.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

But you are correct, if it was, he could potentially qualify.

Posted

1. file form I-130
2. F2b
3. Yes
4. However long it takes for the priority date to become current. The movement of priority dates cannot be predicted.

For the latest visa bulletin see http://www.engnishimura.com/priority-dates/current

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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