Legal Question in Immigration Law in California

My daughter is from Canada, has just graduated from University inTennessee applied for OPT got it and moved to Cailfornia(Boyfriend is there) got a job(In her field)...Has her social security number and goes for california drivers license tomorrow. Can she apply for permant residency, there are so many visa's it is confusing, she wants to stay and eventaully her and the boyfriend want to get married. I can't find any help and now she is worried that she can't come home at christmas for a visit.URGH???


Asked on 5/30/12, 6:04 pm

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If she has a BA & is on OPT, then she should try to find U.S. employer to petition her for an H-1B visa right away, as the cap may be reached soon.

U.S. Permanent Residency through employment will take a while, so if she cannot change her status to H-1B before her OPT expires, she may have to return home.

However, if she marries her boyfriend, then he can apply for her greencard (assuming he is a U.S. citizen) & she will still be able to adjust status, even if her OPT is expired.

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Answered on 5/30/12, 6:42 pm
Mercy Sequeira Law Office of Mercy Sequeira

If your daughter wants to live permanently in America, she can either have an employer sponsor her to get a green card or through marriage. If her boyfriend is a U.S. citizen, she can get married to him and get a green card if he sponsors her. You will need more advise than can be answered on this forum.

My offices can help with advise. Feel free to contact me, [email protected] or (408) 245-2416.

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Answered on 6/07/12, 12:23 pm


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