Legal Question in Immigration Law in California

Re: Green Card

I am somewhat unclear about your question. If you are planning to live in the United States and NOT return back to your country for residence, then you would need a green card. Otherwise your student status is bound to be over some day. Unless you are planning to be a student for the rest of your life.

The logical conclusion then, is to take necessary steps in changing your status from student to a lawful permanent resident (a green card holder). For specifics and procedural questions you may find those answers in my web site www.ArmenLaw.com under adjustment of status.

Re: Green Card

This is a common question. Your girlfriend can file a I-130 petition for you but ONLY after she marries you. There's nothing she can do for you right now. Even after the I-130 is filed and approved, there's currently a 5-year wait in visa numbers for spouses of permanent residents before those spouses can even file for adjustment of status and work permits. In the meantime, you'll have to maintain legal status on some kind of visa. This is the tricky part for most people.

If your girlfriend now qualifies for citizenship (at least 5 years as with green card), she should apply for that right away. The process will take about a year for her to become a citizen. Then, if you guys are married at that time, she can petition right away for you. There's no waiting list then, and you can get a work permit quickly while waiting for the green card application to be processed.

Liem Doan, Esq.

Re: Green Card

She can sponsor your "green card" application. Please feel free to contact me at [email protected] if you have additional questions.

Re: Green Card

Yes..you will get a green card through..after she becomes US citizen your priority date will be current and you will be able to ajust to permanent residency. In the meantime...you should apply for I-130 and related forms..and preferably maintain alegal Status in the USA. Please take a look at my site at www.lawyers.com/amyghosh

Re: Green Card

Yes, your fiance may file a petition on your behalf as a spouse of a lawful permanent resident. However, a visa number is not immediately available to spouses of lawful permanent residents, so you would have to wait to apply for a green card. I suggest that if your fiance is eligible for naturalization, that she go ahead and naturalize and then file a petition for a spouse of a U.S. citizen. If you have any questions or would like to schedule a consultation, please feel free to contact me.