Entering USA with visa waiver (from Australia) file for I-130?

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cpwaiting1

Registered Users (C)
My dad is in Australia, he can enter USA without applying a visa from embassy since there is a visa waiver program between two countryies. He gets 90 days visit visa at the US airport when he arrives.

Can he apply I-130 and I-485 without a visa from embassy?
 
cpwaiting1 said:
My dad is in Australia, he can enter USA without applying a visa from embassy since there is a visa waiver program between two countryies. He gets 90 days visit visa at the US airport when he arrives.

Can he apply I-130 and I-485 without a visa from embassy?
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If I read your question correctly, you seem to be asking whether your dad can come to the US on the visa waiver program, and then file I130/I485 together here in the US(without having arrived on a visa?)

If this is indeed what you are asking, yes, he CAN do this, but it is considered ILLEGAL. The visa waiver program is not designed to allow people to enter and adjust status. It is for nonimmigrant purposes only.

Therefore, the proper way, if you want to bring your dad to the US permanently, would be to do consular processing. You will sponsor him with an I130 and he will have a visa interview at the consulate in Australia ---if I remember correctly, all immigrant visas are handled at the Sydney consulate.
Research CONSULAR PROCESSING.
 
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