Green card application

UPDATED: Oct 1, 2022

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Green card application

I came USA with k-1 Visa one months ago, l am married
now and planning to applying green card. My sons k-2 Visa
is approved, but since his school hasnt finished yet, so he
hasnt arrived USA yet, he will come in February, can l
applying green card for him now with me? I noticed that I-
485 requires applicant physically in USA. What is my best

Sincerely yours

Asked on December 4, 2017 under Immigration Law, New York


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

YOu cannot file for your son until he is physically present in the US.  However, you can file your own I-485 and once he enters the US you can submit his I-485.  Since each of you has to submit your own application form and pay the fee, it really does not matter if he submits his a bit later.  He will not be eligible to get his until you get yours anyway since his will depend on yours.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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