Get a tourist visa and then apply for I-485

[gatorman1122 0]

My son (unmarried, over 21) wants to come to the US on a tourist visa.

I'm a permanent resident and wants to petition for him (I-130).

Will he be legal (allowed to stay in the US) while he waits for the processing of his I-130? (and I-485 since he is already in the US)

Will this be faster compared to my son staying abroad and then I'll file the I-130 and wait for an immigration visa for him? (no I-485 since he's not in the US)

Anyone know how long this will take?

[Kez/JWolf 6]

You can not do it this way.... you would have to file I-130 and then wait for a visa to become available to your son... you will be in for quite a wait... I looked into getting my son here and it will take about 5 years...

But he cant just come on a tourist visa and stay....

Kezzie

[nemu 0]

As he said, but emphasizing the fact that your son would be out of status as soon as his i-94 expires. He can not get work permit as long as immigration visa is not available.

[Dr_LHA 3]

As he said, but emphasizing the fact that your son would be out of status as soon as his i-94 expires. He can not get work permit as long as immigration visa is not available.

Which for a LPR petitioning for a son could be many years unfortunately. Current visa dates for the "Second Preference" Category are September 1999, so you could be looking at a 7 year wait for a visa number based on that.