Legal Question in Immigration Law in New York

Green Card or U.S Citzenship

I am a 20 yr old girl who discontinued going to to school, when I suddenly got married, to a 22 yr old Brazilian boy who came here on a student visa. His visa just expired, now he can't get a better job or even go to school. Me, a U.S citizen with high goals is now suffering like a illegal alien. I want him to have his papers as soon as possible so we can have a normal life. Since, I am a student, I haven't had a stable job and therefore, cannot be a legal sponsor. Also we both don't know anyone that can sponsor him. Is there anything, anyway, he can get his papers? So I can finally continue living my life where I left off? After all I can not live without him, and you can't always choose who you fall in love with. Please help me.......


Asked on 12/20/08, 7:28 pm

4 Answers from Attorneys
Isabella Mayzel, Esq. Law Offices of Isabella Mayzel

Re: Green Card or U.S Citzenship

Despite the fact that you do not make any money, you still have to sign an Affidavit of Support (Form I-864). Besides, you need an additional sponsor. Any person who has enough income (AGI has to be 125% of the Poverty Guidelines), can become the additional sponsor, i.e. parents, siblings, relatives, friends, etc., -- anyone who is in lawful immigration status in the U.S. Currently, processing of the petition and application like yours takes approximately 4 to 6 months until you get called for the interview, and if the case is approved, the green card will come in mail within 2 to 3 weeks. Within 90 days from the initial filing, your husband will receive the work permit, which will allow him to legally work and go to school, whatever he wishes.

Read more
Answered on 12/20/08, 11:21 pm
Tsirina Goroshit Law Offices of Tsirina Goroshit & Associates, P.C.

Re: Green Card or U.S Citzenship

You will have to find a joint sponsor. There is no way to avoid it. Currently, poverty line for 2 people in a household is $17,500. Note that in 2009 it will be revised and new poverty line will go into effect in the spring of 2009.

Currently, an adjustment of status application are adjudicated fast about 3-7 months, also your spouse will get an employment authorization w/n 3 months from his filing.

Adjustment of status application is crucial for people like your spouse and it advisable to utilize immigration lawyer assistance.

Read more
Answered on 12/23/08, 2:42 pm
Rachel Baskin Rachel Baskin, Attorney at Law

Re: Green Card or U.S Citzenship

As a US citizen, you can sponsor him if he is eligible for permanent residence. You will have to fill out an affidavit of support for him, and if you do not earn enough money now, then you will need to find a co-sponsor for him.

If you have additional questions, do not hesitate to contact me directly.

Read more
Answered on 12/22/08, 11:53 am
Alexander Tsiring The Tsiring Law Firm, P.C.

Re: Green Card or U.S Citzenship

There are different ways to satisfy sponsorship requirements if you do not work - you can find somebody who will be a sponsor, sometimes it is possible to use assets that you might have, or a combination of everything. You need to consult a lawyer to find the best solution.

Read more
Answered on 12/22/08, 4:00 pm


Related Questions & Answers

More Immigration Law questions and answers in New York