What to do if I am a US citizen and would like to petition for my husband’s son to come to the US?

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What to do if I am a US citizen and would like to petition for my husband’s son to come to the US?

My husband is a permanent resident; he child is 9 years old. I know that I need to file a form I-130. Once that is approved and a visa is issued, he will be allowed to travel here correct? And then once here, I will have to file a I-485?

Asked on November 18, 2013 under Immigration Law, Louisiana

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, you would file the I-130 immigrant relative petition and it would eventually be adjudicated (within about 6-8 months) and then go to the consular processing stage (another 3-4 months).  If all is well and the visa is issued, the son would be able to travel to the US on that immigrant visa and upon entry to the US, he would be a permanent resident and the green card itself would come in the mail within a few weeks after that.  There is no need to file the I-485.  That is only done for someone who is applying for permanent residence within the US but since the child is overseas, it would be processed through consular processing.


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