Legal Question in Immigration Law in Nebraska
Hello, I�m Habib, a student with an F1 visa form Ivory Coast, living in Omaha, NEBRASKA. Last month (January 2011), I got married to my lovely wife who is an American citizen from Sudan and we�re living happily so far. But, since we got married, I was planning on applying for the green card by this month (February). However, these days, the situation of my country got worst and I think I�m now eligible to apply for a refugee status. So, what I would like to ask is: Should I apply for the residency trough my wife�s Citizenship or as a refugee? How either choice would hurt my status? What are the advantages and inconvenient of each choice? Thank you.
Note: I decided to stay under my F1 status at school, in other words, I still have to be a full time student every quarter (at least 12 credit hours), pay the insurance, which is compulsory for F1 students; just that I pay resident tuition.
Thank you
3 Answers from Attorneys
I would recommend applying for a green card through your marriage to your U.S. Citizen spouse. While you are a green card holder, you may continue to attend school. Asylum cases are hard to get approved and if you have a bona fide marriage to a U.S. Citizen, a marriage-based green card application will most probably be approved faster than an asylum claim. That being said, you should still speak to an immigration attorney to go over your specific circumstances. Please feel free to contact me for a consultation as I am able to work with individuals across the country.
Seeta L. Nangia, Esq.
Law Offices of Seeta Nangia
Exclusively Practicing Immigration Law
Phone: (415) 273-9123
Email: [email protected]
Website: www.nangialaw.com
These are three different immigration processes: adjustment of status through a US citizen wife; applying for asylum, or maintaining a non-immigrant status.
If you would like to get a case specific legal advice and help please email me at Attorney @ law-visa-usa.com and I will send you a questionnaire. Then, we can schedule the best time to talk. I am an immigration attorney and practice from Omaha, Nebraska.
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Hi,
If you are planning on residing together permanently in the U.S. with your U.S. citizen spouse, I strongly recommend sponsorship through your spouse. Incidentally, after the paperwork has been properly filed, you will receive employment authorization document (EAD) and you will be able to remain legally in the U.S. even if you discontinue student status. Additional information is here: www.h1b1.com/Uscitizen.htm
You can call our law firm during business hours at 212-268-3580 or email [email protected] for guidance.
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