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bringing son to US

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samm

Junior Member
What is the name of your state? texas

i am a green card holder married to a US citizen for past 7 years. i have a 15 year old son from a previous marriage in australia. his mum has given permission for him to come live with me. my questions are:

1. obviously he wants to be here as soon as possible and we want him here asap. Is it legal/perfectly ok to fly him to texas from sydney using the visa waiver program active between the two countries, and then have my wife put the paperwork (I-130?) for him. This way he can be here quicker while the paperwork is processing

2. if 1 is legal, will he be able to go to school while this is processing?

3. if we have to file the I-130 before he is in the country, how long are the processing times, when i look on the Texas Service Center website i dont see a catagory for I-130 thats fits our situation.

Basically we want him here just as fast as we can, but i want everything to be legal etc.
 


ImmigAttyLana

Senior Member
No, it is not legal for him to enter the US on the VWP if his intention is to immigrate. Your wife would need to petition for him with the I-130 and that process can take up to a year through consular processing.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

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