Legal Question in Immigration Law in Kansas
Hi, my boyfriends a Scottish immigrant, 21y/o, and has been here for 3yrs waiting on his naturalization process. He is currently in the "in-between" period- his work visa, drivers lisence, etc, is expired, because he is waiting for the finalization of the process. I recently became pregnant, and now his parents want to cancle his immigration and send him back to Scotland. They filed for him since he was a minor when he entered. Can they really do that so close to his permanent resisency? Should I get a lawyer for him?
3 Answers from Attorneys
It's not clear exactly what your boyfriend's status is. Is he a permanent resident applying for naturalization? If so, his parents can't do anything about that situation as he is over 21. If that is the case then he should have a work visa etc, since you can get all of the those things with a green card, if he is indeed an LPR. If his parents brought him here as a minor and never filed anything for him that is another matter. I would advise you to speak with an experienced immigration attorney who may be able to straighten this out. I represent people in all 50 states so if you would like to telephone or email me to discuss your case I would be happy to speak with you.
Unfortunately, yes. If his parents are the ones who petitioned for him, they generally can withdrawal their petition anytime before it is approved. If the I-130 petition is already approved, then your boyfriend may be able to get his green card on his own but it will certainly be more difficult. If you have a copy of your boyfriend's application I would be happy to review it and see if I have any ideas for you. You can contact me at [email protected]; www.palmer-tran.com.
You should consult a good immigration lawyer and schedule a proper consultation because it's not clear from your post what is his status, waht was filed, etc.
I am 'guessing' that he is not even a green card holder and is not waiting for his citizenship. My understanding that he is a dependent of his parents on their application for permanent residency (green card).
If you are a US citizen, you might have additional options as to how to make him a resident.
If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).
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