Can I Get a Visa if My Wife and Son Have a Green Card?"

Yes, you can apply for a visa or green card based on your wife and son's status as lawful permanent residents (green card holders) in the United States. Here are the options and steps you can take:

1. Family-Based Green Card (F2A Category)

The most straightforward option is to apply for a family-based green card under the F2A category, which is for spouses and unmarried children under 21 of lawful permanent residents (green card holders).

Steps to Apply:

1. Form I-130: Petition for Alien Relative

• Petition Submission: Your wife (the petitioner) will need to file Form I-130, Petition for Alien Relative, on your behalf. This form establishes the family relationship.

• Required Documents: Submit supporting documents such as your marriage certificate, your birth certificate, your wife’s green card copy, and evidence of a bona fide marriage (photos, joint financial documents, etc.).

2. USCIS Processing

• Approval of I-130: Once the I-130 petition is approved by USCIS, you will be placed in the F2A category queue for a green card.

• Visa Bulletin: Check the Department of State’s Visa Bulletin to understand the wait times and priority dates for the F2A category, as this category has annual limits and may involve waiting for your priority date to become current.

3. Consular Processing or Adjustment of Status

• Consular Processing: If you are outside the U.S., you will go through consular processing. Once your priority date is current, you will apply for an immigrant visa at a U.S. consulate or embassy.

• Adjustment of Status: If you are already in the U.S. on another visa, you may be eligible to adjust your status to permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status, once your priority date is current.

2. Alternative Visa Options

While waiting for your green card application to process, you might consider applying for a non-immigrant visa to stay with your family in the U.S. temporarily. Some common non-immigrant visas include:

1. Visitor Visa (B-2)

• Purpose: For tourism, visiting family, or medical treatment.

• Duration: Usually granted for up to 6 months at a time.

• Application: Apply through the U.S. consulate or embassy in your home country.

2. Work Visa (e.g., H-1B)

• Purpose: For employment in a specialty occupation.

• Employer Sponsorship: Requires a job offer and sponsorship from a U.S. employer.

• Application: Employer files a petition on your behalf.

3. Student Visa (F-1)

• Purpose: For studying at a U.S. educational institution.

• Application: Apply after being accepted to a SEVP-approved school.

Summary Checklist:

• Family-Based Green Card (F2A): File Form I-130, wait for priority date to become current, and proceed with consular processing or adjustment of status.

• Non-Immigrant Visa Options: Consider a temporary visa like B-2, H-1B, or F-1 while your green card application is pending.

Conclusion

The best route for you would be to start with the family-based green card application (F2A category) through your wife, ensuring you have all required documents and understand the processing times. Meanwhile, if you wish to stay in the U.S. temporarily, explore the possibility of obtaining a non-immigrant visa that suits your situation.