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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7318
Experience:  Experienced in all aspects of immigration and nationality law.
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We are a family of two physicians, US citizens, well established

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We are a family of two physicians, US citizens, well established socially and financially. My wife has an aunt who is 72 y.o., living in Russia, single, in good health, no any relatives but my wife. The aunt and my wife have been very close throughout their lives - my wife moved in with the aunt at the age of 17 and lived with her for 18 years. The aunt cared for her and for our children as a mother and a grandmother, visited us several times in the US when we immigrated here and helped to take care of our kids, so we could go through training and establish ourselves in our new country. The aunt is about to retire and we would like her to live with us since she has no one else to live close to. We are looking for a legal way for her to be granted a permanent resident status. We are willing to and will be her guarantors to provide for all her needs - she will live with us, we will provide food, health insurance and anything else she would need. Besides, she also has been well established in Russia and has sufficient funds to support herself.
Question: since she is not considered our immediate family, how is that possible for her to be allowed to live with our family in the US legally?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Expert James replied 11 months ago.
Thank you for using this service. I'll do my best to answer your questions as completely and honestly as I can. All I ask in return is that you give me a positive rating for my customer service. This is the only way I get credit for assisting you. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

Please know that I always do my best to help customers come up with a good solution. But from time to time, the law does not have a satisfactory solution for your issue. Unfortunately, this is something I cannot control, so please do not hold bad news against me by giving me a negative rating.

QUESTION: Question: since she is not considered our immediate family, how is that possible for her to be allowed to live with our family in the US legally?

ANSWER: There are only a few ways a person can come to the US and become a permanent resident:

- family based immigration, through a parent, son/daughter over 21 years of age, spouse

- employment based immigration, where an employer sponsors the individual for a green card in a employment based preference category

- asylum/refugee status. where the person has been subjected to persecution or has a well-founded fear of persecution

- Diversity Visa Lottery, which makes available 55,000 green cards per year to lottery winners from each country that is part of the program

- immigrant investor visa, where the alien invests at least $500,000 in a business located in an area of high unemployment and employs at least 10 US workers; in any other area, the investment must be at least $1 million

As you can see, based on the information you've provided, the options are quite limited for getting a green card, and especially so in this case. Unless she can find an employer who is willing to sponsor her, or she has a claim as a refugee or asylee, or she can make a hefty investment, her only available option would be through the DV lottery. They do this lottery every year and she can apply as many times as it takes.

If you haven't already located the information on the lottery program, you can find it here: http://travel.state.gov/visa/immigrants/types/types_1322.html.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

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Thank you!
Customer: replied 11 months ago.

Thank you for your quick response. All the mentioned options are unlikely to work because of her age (employment option), not having that substantial amount for investment, having a good job and nice life (asylum), and luck of time (we tried DV three times unsuccessfully).


Considering her age and the fact that she is alone there and my wife is her only relative, is there any chance for some kind of human rights consideration or something of this sort? Have no idea what it might be, but common sense tells me that the elderly person that does not need any support from the social services might be able to get some exemption?

Customer: replied 11 months ago.
Relist: Other.
Satisfied, but an answer to a follow up question is not coming
Expert:  Expert James replied 11 months ago.
Hi Nina,

Sorry for the delay. Sometimes this happens when Experts are working with several customers at the same time. My apologies for the inconvenience.

No, unfortunately not under these circumstances. Otherwise, that would open the floodgates and the US would be flush with individuals in the same or similar situation.

 

Aside from the general programs I've mentioned, there are other, less common ways to become a permanent resident, but she does not qualify for any of those. You can read information on those here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=5a97a6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=5a97a6c515083210VgnVCM100000082ca60aRCRD.

Again, I'm very sorry. I wish I had better news to share.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7318
Experience: Experienced in all aspects of immigration and nationality law.
Expert James and 2 other Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.

Thank you

Expert:  Expert James replied 11 months ago.
No problem. Have a good day!

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