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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17210
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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I AM A PERMANENT RESIDENT SINCE NOVEMBER 2004 I AM SUPPOSE

Customer Question

I AM A PERMANENT RESIDENT SINCE NOVEMBER 2004 I AM SUPPOSE TO BE ELIGIBLE TO FILE FOR CITIZENSHIP IN JULY 2009. I GOT MARRIED IN THE CARIBBEAN ISLAND IN MARCH 2007 AND FILE I130 FOR MY HUSBAND IN OCT.2008 HE HAS A VISA AND ALWAYS TRAVEL TO THE US TO VISIT HIS WIFE(ME) AND CHILD(OUR SON). IF HE TRAVEL TO VISIT US AND DECIDES HE WANTS TO STAY UNTIL THE GREENCARD IS PROCESSED AND WHILE WAITING HIS I94 GET EXPIRES WOULD APPLYING FOR AN ADJUSTMENT OF STATUS BE DENIED AND CAN HE APPLY FOR A STUDENT VISA AND WILL IT BE APPROVED WHILE 130 IS PENDING WHILE HE IS HERE IN THE US? I AWAIT UR ANSWER

THANKS IN ADVANCE
Submitted: 7 years ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 7 years ago.
yes, it would be approved, also I would suggest that if he and his children can come to the united states, have them stay here, once you obtain citizenship hopefully in a year you sponsor them all regardless of being in status or out they would get the green card from you as direct spouse and children of a US CITIZEN.

AS OF NOW HIS I-130 WOULD NOT QUALIFY HIM FOR A GREENCARD FOR 2-4 YEARS, SINCE YOU WERE NOT A CITIZEN ONCE A CITIZEN YOU UPDATE THE I-130, AND FILE THE I-485 TOGETHER
Customer: replied 7 years ago.
has no children...he has one child with me and and our son lives with me
Expert:  WALLSTREETFIGHTER replied 7 years ago.
HE SHOULD COME TO THE USA, FILE FOR THE F1 STUDENT VISA, IF IT GETS DENIED HE SHOULD OVERSTAY HIS VISA, OR EXTEND HIS VISITOR VISA BUT NOT GO BACK UNTIL YOU ARE A CITZEN, IF HE IS HERE HE COULD GET A GREENCARD WITHIN 3-6 MONTHS IF OUT OF THE US 1 YEAR OR MORE.
Customer: replied 7 years ago.

he came here dec 2008 and leave back to his country with his may 2009 he had 6 mths in the country so he left b4 his I94 got expired but the thing is he wants to come back how soon can he come back to the US

 

our son was born in the US.....THANKS FOR ANSWERS SO FAR APPRECIATED

Expert:  WALLSTREETFIGHTER replied 7 years ago.
IF HE HAS A MULTIPLE ENTRY VISA HE CAN COME BACK ANYTIME, SINCE HE DID NOT OVERSTAY HIS VISA, IF HE HAS TO APPLY FOR THE VISA HE SHOULD WAIT 6 MONTHS TO APPLY.
WALLSTREETFIGHTER and 5 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
Thank you so much for your answers. keep up the good work!