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Immigration Law

Pearl, I have a family friend that is from Hong Kong,

Customer Question
Hello Pearl, I have a...
Hello Pearl, I have a family friend that is from Hong Kong, he had a green card as a child before moving back to Hong Kong, then re-entered the US on a F1 visa and had to surrender it. Now he has fallen out of status of this F1 visa as he is no longer in school(for about a year now) but still wishes to remain in the US, and would like to obtain a green card. is this still possible without going through the process over again? some other notes include: his father is a has citizenship for the us but is no longer living in the US, and has a sibling that is a us citizen, but only for approx a year or so.
JA: OK. The Immigration Lawyer will need to help you with this. Anything else I can tell the Immigration Lawyer before I connect you two?
Customer: He also still has a valid US Social security card, other than that there is nothing else.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and connect you two.
Submitted: 1 year ago.Category: Immigration Law
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Answered in 1 minute by:
4/13/2016
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 1 year ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5,633
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is ***** ***** I will bet he immigration attorney helping you today. How old is your friend? Is he married? (You will not be charged to answer me)
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Customer reply replied 1 year ago
he is 25 years old, unmarried.
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 1 year ago
Thanks for the reply. Unfortunately I will not have very good news for you. I hope you can understand that on this website we must be honest with the customers and we do not make the laws nor can we change them. Hopefully you can still rate us and the service we give you fairly and not based on whether it's good or bad news. His US citizen father can submit a petition I-130 to begin applying for his greencard again. However, there will be some issues. First, the wait right now there is an 8 year wait for a green card to be available for his age category if he remains unmarried. The second issue is that even in 8 years when there is a greencard available, he would have to depart the US to his country for an interview to pick up the green card. Once he departs the US, he will be facing a bar for having overstayed in the US without legal status for more than 6 months. His bar will be for 10 years unless he can get a waiver approved. He is not able to change status into any other work or student or any visa in the US because he is now out of status. His only option in remaining in the US will be to marry a US citizen in good faith that can petition him. For that, he doesn't have to depart the US to get his green card and he doesn't need a waiver. Again, i apologize. I know this is not what you want to hear. Good luck to you during this process and I hope this answer has helped you!If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal. Please kindly remember to issue a POSITIVE RATING now before you leave this page by choosing from the ratings. This is very important since it is how I receive credit for my service from what you paid. This question will NOT close after you rate me even though it says "To Finish..". So after rating me, feel free to ask me any follow up questions at no additional cost . Any bonus you wish to provide will be very appreciated.If you have other NEW questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write it in the Subject Line.
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Jen Marie, Esq.
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5,633
5,633 Satisfied Customers
Experience: She has worked on all types of U.S. Immigration cases since 2007.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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