Legal Question in Immigration Law in Georgia

I'm an Australian citisen living legally in America. My step father is in the American Military (army) and is American born (citisen). My mother is an Australian with an American Green Card.

I wanted to obtain a Green Card through "immediate relative" and have F1 status, but my parents refuse to sign an Affidavit Of Support due to their financial situation. I have enough money to pay for my Green Card, and enough for legal fees...but there's no use if I cannot get a Green Card.

I'm unable to work without a Green Card or something else, but my boyfriend is willing to support me. Can he sign it or can I get some sort of exemption? What is a way around this so I can get a Green Card?


Asked on 10/02/09, 12:20 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

How old are you? How old were you when your mother married your US citizen step-father?

What is your current visa/status in USA?

If your step-father petitions for your Green card, he must sign the Affidavit of support. It means that he will have to be the primary sponsor. If he doesn;t earn enough, there could be a joint sponsor. If he refuses to petition and sponsor you, you can't make him.

If you plan to marry your US citizen boyfriend, then he can be a petitione rand a sponsor. As a boyfriend, he can't petition for your green card.

There are no any "exemptions" available. You can't apply for a Green Card by yourself, a close relative has to petition and sponsor you.

If you�d like to schedule a telephone legal consultation, please let me know: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 10/07/09, 1:54 am


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