GREEN CARD HOLDER PETITION FOR UNMARRIED SON

[Onituan 0]

MY FRIEND GREEN CARD HOLDER HAS AN UNMARRIED SON THAT HAS A VISITOR VISA R-1.

MY FRIEND WANT TO FILE A PETITION FOR HIM BUT HE WANT TO KNOW

WHAT IT WOULD BE THE WAITING TIME AND IF HIS SON WILL GET ANY BENEFIT WHILE WAITING

WHEN A VISA CATEGORY BECOMEN AVALIABLE UNDER F2.

THANKS FOR YOUR ADVICE AND TIPS!

[JimVaPhuong 4,863]

R visas are for religious workers, so I presume his son is over 21 years old. That would make his visa category F2B. Assuming he's not from Mexico, he's looking at about an 8 year wait before a visa number will be available.

I'm not sure what you mean by "benefit while waiting". If you're asking if his son can stay in the US and wait for his priority date to become current then that depends on how long he can maintain his non-immigrant status. A petition filed by your friend will not grant any immigration status to his son while he's waiting, and his son will need legal non-immigrant status at the time his priority date becomes current if he expects to adjust status in the US. If he overstays his visa he won't be able to adjust status. He'll probably need to go back to his home country. When his priority date is current he can apply for a visa.