Willow Park, TX Immigration Law Firms & Lawyers

If you have been out of the country for at least ten years now since your last departure, you are eligible for entry into the US as long as you have not violated any other immigration laws. If your son is at least 21 years of age, he needs to start the process by submitting an I-130 petition on your behalf. It will take approximately 9-12 months for the paperwork to be processed before your visa interview is scheduled at the US consulate.

Best wishes for your upcoming wedding. Generally one may expect to receive an Employment Authorization Document ("EAD" or "work permit") from the USCIS within 90 days of filing an application, but note that many people who entered the U.S. unlawfully and without inspection are INELIGIBLE to apply for adjustment of status and for an EAD following marriage to a U.S. citizen. I would be wise to consult with an immigration attorney without delay - certainly before filing any application, and probably before becoming married. The attorney, after learning all of the relevant details, would be able to advise you and your fianc? about eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

I will assume for purposes of your question that you filed the I-130 alone and that your wife is either overseas or ineligible for adjustment of status since you did not mention an I-485 application. You do not have to do anything on the I-130 at this time under the above circumstance and you could wait until the next phase of the case, consular processing, and add your child when you receive communication from the National Visa Center, the part of the Department of State that processes most of the consular processing phase documentation. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.