Did You Know About Immigration Law

Updated on April 01, 2011
B.N. asks from East Elmhurst, NY
8 answers

my sister in law is student here but she is only legally allowed to stay in USA until she finish school , she had american child but her husband is not while she is here , she asked me if there is away she can stay more time legally before she leave I couldn't answer as i dont have an idea did any one have

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I.J.

answers from New York on

I belong to the Bergen Networking Group. We have a lawyer who specializes in immigration law. Tell him, I., recommended him. Ask him for some information over the phone. Ari Franks, Esq., VS Plaza, 487 Goffle Rd, Ridgewood, NJ 07450. ###-###-####. Good Luck, I.

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L.N.

answers from New York on

if she graduates and gets a job with a company that will sponsor her work visa, then she can stay, work visas are valid for 4 years. she can get it renewed and then apply for a green card. those jobs are hard to find and she needs to be an expert in her field or beat other possible candidates by far with skills and expertise in order to be hired.

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L.H.

answers from New York on

She really doesn't need a lawyer, if your English is good. We didn't use one. Below I have posted the website of the immigration service and info. they have on extending student VISAs. You can look up a whole host of information on their home page. She can file for an extention, your husband can petition for her to get a "green card" depending on how long he has been a U.S. citizen, (Periminant Resident.) and she can apply for the "green card lottery." Yes the government holds a "green card lottery" every year and it works just like a regular lottery. The reason I say that your husband needs to petition for her, instead of you is because they are blood related. Blood relatives take president over in-laws. In-laws are at the bottom of the list when the government is figuring out who to give green cards to. Once she has her green card for a certain number of years, (I forget how long.) she can apply for natualization. (citizenship.) When she applies for citizenship, you'll want to go back on the immigration website and collect up the freebies for her to study to become a U.S. citizen.

Immigration service home page at
http://www.uscis.gov/portal/site/uscis

Student visa extention info. at
http://www.uscis.gov/portal/site/uscis/menuitem.5600b9f6b...

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N.B.

answers from New York on

SHE can stay longer because in most cases if a woman gives birth to a child in the US they cannot force her to leave as her child is American. It does not mean she can bring the husband back here to the US though without some sort of immigration work.

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A.A.

answers from Rochester on

Hi, I am an immigrant and I can tell you that having a baby here does not give you anything. I gave birth to two boys, in 2000 and 2003. I did not qualify to apply for a green card until I married their father who I had been living with for almost ten years. We married in 2008 and I applied last year for the green card which I finally got after being here for 21 years. I attempted to get it when I first came here in 1989 by being sponsored as a nanny. The wait was so long...9 years, that I was no longer employed by my sponsor when I had my immigration interview, and so my application was denied. My sister who is a Naturalized Citizen also planned to sponsor me but sibling sponsorships also take from ten to fifteen years. The quickest way to get a green card is to marry a citizen or be sponsored by a parent or child who is a citizen. Everything else takes a very long time. Also to be sponsored through a job, like someone else said, you have a skill that your employer cannot find in an American citizen. But it can be done. As for the person who thinks that they cannot force a person to leave if they have given birth to an American citizen, that is absolutely false. They can and do deport women with American children. I was told by my lawyer that because my case was denied previously, it may be denied again, and this, even though I have given birth to not one, but two American boys, and the father is an American citizen. Luckily, my green card was approved finally after 21 years. Good Luck to your sister-in-law.

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R.M.

answers from New York on

B.,

Only adult American citizens can sponsor their foreign parents. So your sister's child would have to be 18 (or maybe its 21) years old. Speak to an immigration laywer. Some community centers have programs where you can consult with one for free. Ask at the Sunnyside Community Center, I think its on 39th Street off Northern Blvd.

Good luck,
R.

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A.S.

answers from Iowa City on

Lola has nailed it. Are you an American citizen or lawful permanent resident and at least 21 years of age? If so, you can file an I-130 petition and sponsor your sibling. However, depending on your country of origin, the wait time can be in excess of 20 years and in all likelihood your sister would have to exit the US while the petition is pending. You should perhaps meet with an immigration attorney to discuss your options (many offer free consultations). Good luck.

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J.U.

answers from Norfolk on

is she married to an American?

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