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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105157
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My partner and i have just had a baby, both my partner and

Customer Question

my partner and i have just had a baby, both my partner and the baby are US citizens. I am a UK citizen can i obtain a green card?
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. As you can imagine, for public policy reasons, just being the parent of a U.S. Citizen does not normally give you any immediate U.S. immigration benefits. Where do you and the child live now? Are you currently inside of the U.S.?
Customer: replied 6 months ago.
Hi thanks for the response. We live in the UK, both my partner and our daughter have dual nationality (US and UK). We are not married. Fully understand that i would not get immediate access to citizenship but just wondered if there was a process to follow that would open it up to me. I understand when she becomes 21 I could apply, thats quite a way off as she is only 5 months old! I feel confident that i could work in the US so that could be another route.
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Correct. That's the only way to make direct use of your U.S. Citizen child to get U.S. Lawful Permanent Residency, wait until she turned 21 and petitioned for you. The other is if you had resided in the U.S. 10 years or more and they tried to deport you, you could use your U.S. Citizen child to avoid deportation if you could prove she would suffer exceptional and extremely unusual hardship if you were deported from the U.S. So there really isn't an option in 2 or 3 years for you though your daughter. Will you marry the U.S. Citizen mother any time soon?
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through. There are generally 5 avenues to obtain U.S. Lawful Permanent Residency. They are through family, through employment, through Asylum or refugee process, through investment, or through the lottery. For family, it must be immediate family such as U.S. Citizen spouse or U.S. Citizen children over 21 in order to be able to come immediately. U.S. Citizen or Lawful Permanent Resident parents or U.S. Citizen siblings, or Lawful Permanent Resident spouses can also help you, but the wait for that is about 4 to 12 years or so. Through employment, you would have to generally prove that you would not be taking away a job from a U.S. worker and the less experience and education you have, the harder that is to do. Through Asylum or Refugee process, you must prove that you will be persecuted, tortured or killed if you stay in your country and that this will happen to you because of your nationality, race, religion, political opinion, or membership in a particular social group, not because you would run the same risk as anyone else in your country to fall victim to a crime or bad economic conditions. Through investment, you are looking at generally $1,000,000.00 for a residency, or $500,000.00 in an area designated as a high-employment area, plus in both cases the investment has to create 10 or more jobs for U.S. workers. And through the lottery, it would be very difficult to win one of the 50,000 visas available per year and some countries do not qualify. Here is a link to the different forms to get a green card: So understanding the options, it looks like unless you have a different option that you think you would be eligible for, you would need to marry the U.S. Citizen or at least plan to marry to at least do a K-1 fiancé visa. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.
Hello Daniel. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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