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How to get a Permanent Resident Alien green card?

Doral, FL |

I want to study in the US, my brother is american, so he could sponsor me I suppose. The University I'm applying to is in Florida so I need to become a Florida Resident if I want to be considered In-State. But I don't understand most of the process about the green card. Help?

Attorney Answers 4

Posted

The status of a Legal Permanent Resident can be acquired under the family, working and humanitarian visas contained in the Immigration and Nationality Act of 1952 as amended.
Based on the facts presented by you in your question, you are basing your legal right to become an alien lawfully admitted as a permanent resident on the relationship (brother) you have with an United States Citizen.
In order for you to acquire this status, your brother ( qualifying petitioner) must submit to the BCIS with jurisdiction over his place of residence a form I-130 Petition for Alien Relative.
Immigrant Visas are divided in Immediate Relative visas, and family preference visas. The relationship with your brother places you in the 4th level of family preference immigrant visas, and it normally places you in a long waiting period of time before there is a visa number available to you.

The Department of State publishes every month at no cost and open to the public through its website the "visa bulletin". The visa bulletin indicated the availability of a visa for beneficiaries with a pending application/petition depending the country of the beneficiarie's residence.

In order to start the process ( the sooner the better) your brother would have to prove the relationship existent between the two of you and this is accomplished by submitting a birth certificate of two of you indicating the name of your parents to establish conclusively your qualification under the fourth level of family preference.

Florida is a State that has requirements as to time of residency in the State as well as proof of legal immigration status.
If you are in the United States and you are looking to become a full time student, you must visit the prospective college campus you plan to attend and ask them what you need to produce in order to be enrolled.
Unlawful immigration status can be an obstacle to obtain the acceptance by a college, therefore you must inquire what the college you want to attend will demand from you.

This response is intended as a legal advise but at no time will constitute attorney client privilege or serve the basis as a negligence malpractice action. The legal advise is based on the facts presented in the question and are based on a general application of the Law as it exists.

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2 comments

Asker

Posted

While waiting for the Green Card am I able to live in the US? Or do I have to wait the 11 years aprox. to be able to live there?

Luz Eliana Phelps

Luz Eliana Phelps

Posted

Any alien who accrues one year of ilegal status in the United States is subject to a 10 years bar to enter the United STates in any status unless he is eligible for a waiver. Only spouses of a United States Citizen are eligible to obtain this waiver if not granting the waiver would cause extreme hardship to the qualifying relative. You can reside in the United States if you have a legal right to stay. A student visa is one that will allow you to attend college, if that is what you want.

Posted

A petition filed by a U.S. Citizen brother takes a long time. Currently, you may be looking at least 10 years depending on your country of birth. Immigration law is complicated and you would be better off retaining the services of an immigration attorney.

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Posted

Please read my legal guide --Immigration in Nutshell.

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1 comment

Luz Eliana Phelps

Luz Eliana Phelps

Posted

I know the different ways to become a permanent Resident but I will read your writting. It is always good to read informative guidance from other lawyers and there is something new always to get from any subject no matter how much you think you know about it. I replied to the question of the I-864 affidavit of support from a petitioner sponsor. The person's doubt was whether or not the affidavit of support must be submitted by a petitioner and whether he must submit income tax returns for the past three years when he has been unemployed. I do not know whether the IRS demands filing of taxes when you have no income if you are a natural person. I believe it must be filed but if not, the right response must be included and if there is a tax law that indicates that the person is not required the law must be cited. I need to get that doubt clarified for I am interested whether or not a person with zero income should file taxes. Luz Eliana Phelps, Esq. Immigration, Criminal and Family law Attorney. 25096 Jefferson Avenue, Suite A4 Murrieta, CA 92562 (909) 393-4100 Fax (909) 348-7111 Eliana.Phelps@Phelpsattorneys.com If you receive this message by error, please notify the sender and disregard the contents thereof.

Posted

Your brother is not going to be able to petition you for the green card so that you can study in the US. The process simply takes decades.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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