I'm 18 years old and trying to obtain a green card. I have lived in the US since I was 10 and my mother recently married a US citizen so both she and my sister have green cards, but because I don't have a good relationship with my family my mother refused to help me with the process.
I do have a work permit (work authorization card) issued by the US government a few months ago, is there a way I can use my work permit in order to obtain a green card? The reason the situation is urgent is because I'm hoping to start college in the fall and without a green card I'm not eligible for financial aid. Even with a full time job + merit scholarship, I will likely not be able to afford to attend college but because I'm financially independent from my family I would be eligible for a lot of financial aid. I'm NOT an illegal immigrant because the work permit allows me to legally work in the country, that's why I'm hoping I can somehow obtain a green card through my college or my employer.
Any help would be greatly appreciated!
The first question is whether your employment authorization was issued under DACA, in which case, you will not be able to obtain permanent residence from this process. In fact, generally you cannot obtain permanent residence (a green card) through an employment authorization without an underlying case. It would be advisable, at this point, to explore the option of having your mother file a family-based petition for you. I would advise you to consult an experienced immigration attorney to guide you through this matter.
We need more information and your case needs to be discussed via a private consult with a qualified immigration attorney.
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You need to qualify for it through one of the ways: family immigration, employment, investment, asylum, U visa, etc. Speak with a lawyer.
New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.
The work authorization is issued based on an application made to the USCIS. You have not mentioned what the underlying application is?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
If you have DACA and you are just 18, an employer could petition for you, but you would have to leave the US in order to apply for permanent residency. If you left the US in order to do so you shouldn't face any bar to reentry based on unlawful presence (time in the US without permission). A consultation with a qualified immigration attorney can really help you to understand all your options. Regarding financial aid, it is a really bummer that you don't qualify for FAFSA, but are some private scholarships specifically for folks with DACA. See more info here: https://hsf.net/en/resources/for-students/for-dreamers and good luck!
Please note that this answer is solely for general information purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. Please discuss your individual situation with an attorney.
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