Legal Question in Immigration Law in California
hello
i have a friend that came to America 14 years ago due to family death; as a student. He is such a hard worker. He is a manager in sales inc. and went to college, graduated with the highest gpa. and got his bachelors in bus.,. Is there an way he can get his green card through a family member that is a citizen in America and how long would it take to get it?
4 Answers from Attorneys
Re: hello
I would need to know more about his situation. It is possible you could help him.
Contact my office at your earliest convenience for a consultation.
Re: hello
Absolutely, but this matter is complex and you should get an attorney. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.
Re: hello
It depends on the relationship of the family member. If a parent, spouse or child (over 21) who is a citizen, then there's something to work with. If a sibling, that takes something like a decade. Also if spouse is permanent resident, that works too and finally, depending where he's from. A petition by an employer might also be possible, with some twists and turns. There are difficult complications if he never had a petition filed on his behalf or for his parents. He could probably benefit from the Dream Act, if some version of that ever becomes law, either that or a more generalize amnesty. The Dream Act has been introduced time and again and specifically benefits the best and brightest illegals. Our congress has yet to recognize the benefit of such people and instead has protected the U.S., supposedly.
We'll see what happens with the new administration.
Check me out at http://www.yardum-hunter.com or email me at [email protected].
Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization
15915 Ventura Blvd., Penthouse #1, Encino, CA 91436
A �Super Lawyer� 2004 � 2009, Los Angeles Magazine
Re: hello
Yes, if the U.S. citizen relative is his wife or his child over 21, then he can adjust his status to that of green card holder while remaining here. That process is fast, six months to a year max.
However, if the relative is NOT one of the above, and your friend's student visa expired long ago and he has been working without authorization since, then he would have to go back to his homeland and finalize the paperwork for the green card. But that can be risky since he has been illegal in the U.S. for more than a year and faces a 10-year bar from being readmitted. If the relative filed a petition for him prior to or on April 30, 2001, then he could still adjust his status here without having to go home to do it.
Larry L. Doan, Esq.
Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.