Category: Relationships and Society > Government
Asked by: jmeinelt-ga
List Price: $10.00
14 Dec 2005 16:22 PST
Expires: 13 Jan 2006 16:22 PST
Question ID: 605954
My boyfriend of 3 yrs now is having trouble with residency status in the U.S. His parents are not citizens and he was born in their native country of Pakistan. He has lived here with his parents since he was about 8 yrs old, he is now 26 yrs old. His Parents have a Buisness visa and own a video store. He has a student visa, however is looking to get his permanent residency. His dad's lawyer has told him he can only stay in the US by switching to a buisness visa or by getting married. His dad is in the process of getting his green card, and I have found information stating since he is close family my boyfriend should be able to get his green card with his parents petition. However his dad goes with the advice of this one lawyer. I have also heard that if you have lived in the US for 10 yrs or more legally then you are eligible for permenant residency, however I can't find any information on this. Does anyone know if this is true? And possibly what options he does have?
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Re: US residency
From: myoarin-ga on 15 Dec 2005 06:20 PST
HI, THis is no legal or professional advice, as you can read in the disclaimer below, and it is also not an "answer" to your question, which only a G-A researcher with a blue name can post. This is the government website on immigration on what seems to be the applicable page: http://uscis.gov/graphics/howdoi/LPReligibility.htm This seems to be appropriate to your friend's situation(scroll down to find it on the above page: "For the unmarried son or daughter (over 21 years of age) of a US Citizen, brother or sister of a US Citizen, or the spouse or children of lawful permanent residents, visa numbers are limited by law every year. This means that even if the USCIS approves an immigrant visa petition for you, you may not get an immigrant visa number immediately. In some cases, several years could pass between the time the USCIS approves your immigrant visa petition and the State Department gives you an immigrant visa number. For more information on visa numbers, please see How Do I Get an Immigrant Visa Number?" I won't venture any interpretation. When reading on this site, keep in mind the heading for the section, which may be "not eligible" after a list of points about situations about who is eligible. Also, when speaking of "children" on this site, in some sections it is made clear that that children over 21 years are not eligible or eligible under different conditions. Click on FAQS at the top of the page to look elsewhere. Please note, the USCIS warns about lawyers' websites - but not about lawyers in general. Good luck to you and your friend, Myoarin
Re: US residency
From: jmeinelt-ga on 16 Dec 2005 14:13 PST
I understand legal advice is not given on this site and I am very familur with the website you had given me. I guess my question really is about how else he would be able to receive residency besides a petition from his father. (since his father is in the process of getting a green card and should have it with in the yr) You see his father refuses to talk to another lawyer then the one stating his father can't sponsor him. Even when I presented that website to him. I'm also curious about the advice I was given from another friend, who stated if a person has lived in the US legally for 10 yrs they are eligible for a green card. I can't find any information on this.
Re: US residency
From: irlandes-ga on 05 Jan 2006 21:16 PST
I suspect you can't find anything on that ten year rule because it does not exist. If it did, you would get hits. In 1996 or 1997, a vicious Federal Attorney in Iowa started filing criminal charges againsts illegals, letting them go back to Mexico if they never came back. In his majesty, he took a man, and a woman in a separate case, who had been taken to Iowa by their parents when they were very young. They stayed and grew up and had children. He deported them on pain of prison if they came back. The woman spent her last days in the country frantically trying to find someone to care for her babies. The man slipped back to take care of his family, was caught, and was sent to Federal prison. In both cases, they had been in the US more than ten years. I have to ask. Are we such a weak nation we must go to these extremes? Is that what we stand for?
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