Legal Question in Immigration Law in Indiana

I am a lawfull permanent resident of the USA ,i would like to file[ Form I-130 Petition for Alien Relative] for my unmarried son over 21 years who wants to immigrate to USA from zimbabwe to live with me and his sister who is a citizen of USA and study for a master's degree . My son is the only member of the family living in Zimbabwe and he desperately needs to be with us his family in USA .I have heard it takes a long time for someone to get a visor this way .My question is how long and would it be shorter if his sister who is a citizen files form[ I-130 Petition for Alien Relative] for him? .MY other very important question is can my son still try to apply for a visitor's visor or a student visor while still waiting for the I -130 Petition to obtain a green card visor for him.Would that cancel the petition ?Which is other way can I heLp my son to come to USA?


Asked on 7/20/14, 6:04 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If you file the I-130 for your son, the backlog is currently about 7 years. If your daughter files for him, the backlog is 12 years.

A pending I-130 should have no affect on a B-2 visa, since he will only get a 6 month max admission on a B-2 & he cannot adjust status in the United States if he overstays his B-2 visa.

If he is interested in pursuing further education in the United States, I suggest he try to obtain an F-1 visa instead.

If he has a Bachelor's Degree & can find a U.S. company to petition him, he can also pursue an H-1B visa in 2015.

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Answered on 7/21/14, 5:47 pm


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