I-130 form questions?
A Permanent Resident living in the US applying for her unmarried 21+ son who is living in the US without legal status (expired visa since 6 years)
After looking at the i-130 form i see that the Son would be in the 2nd category.
The questions are:
1)- How long on average would take to get the visa?
2)- Is it possible to get a work permission during the process?
3)- Will the USCIS send a notice paper, aka "the torch" so this person can renew his driver license? When?
4)- What happens when he gets the visa? How does he becomes permanent resident and how long it takes from there?
Answer:
1) It could take about a decade to get the visa, especially since he entered the country illegally.
2) No, he will not be granted a work permit during the process.
3) His license has nothing to do with the USCIS. Check with your local Registry of Motor Vehicles.
4) Upon getting the visa he will become a CONDITIONAL permanent resident. He will not be eligible to become a permanent resident for another 2 years after the approval.
*The unmarried son will have to return to his country of origin while the visa is being processed. He will not be able to remain illegally in the USA or he will be deported by the USCIS and his application will be denied.
Illegal presence is going to be a problem. Its only forgiven for spouses of US citizens, or employment sponsrships. Son of permanent resident doesnt apply.
he needs to go back to his country, and then you need to submit I-601.
1. It will take 10-15 years. After you naturalize.
2. No, His application will be denied and he needs to go back.
3. Most likely yes, but depends on state.
4. Congused, you seem misunderstood visa terminology.
Hope that helps.
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