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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5083
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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We immigrated in 2003 from Canada and now my youngest

Customer Question

We immigrated in 2003 from Canada and now my youngest daughter (25yrs) is looking at getting married to a Canad***** ***** man that just come to our state. He has no where to go if he has to go back. Is there something we can do to keep him here and apply for his permanent residency
JA: OK. The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not yet
JA: Is there anything else important you think the Immigration Lawyer should know?
Customer: No
JA: OK. Got it. 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 then connect you two.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

Is your daughter a US citizen?

Expert:  Jen Marie, Esq. replied 1 year ago.

Hello again.. I see that you were able to view my question to you a few days ago but you did not respond.

I would be happy to help you with your question but first I need to know the information I asked you. You are not charged more for answering my questions. I hope to hear from you.

Customer: replied 1 year ago.
No....we are permanent residents. My son, the eldest of my children is a US citizen and my husband.
Expert:  Jen Marie, Esq. replied 1 year ago.

If your daughter is a permanent resident, she can petition for him by submitting the i-130 petition. However there is a wait time of about a year and a half that he must wait until there is a green card available for him. He cannot wait in the US without a valid status. This means he cannot stay in the US illegally because then once there is a green card available he will not be able to get it if he's illegal. The only way he can still get the green card even if he is illegal is if your daughter becomes a US citizen. A permanent resident is eligible for citizenship 5 years after being a permanent resident.

Other than that, there is nothing that you can do for him. Only family members can petition for him.

The only other two options in this case for a permanent residence in the US would be

1. Through a job/employment. For a green card it depends on his educational background and experience but most commonly he will need at least a Bachelor's degree. Most importantly he would need a job offer and a company that is willing to petition for his green card because it is costly. The company has to pay him the "prevailing wage" for his position and must show that it can afford his wage and has a need for his position and that he studied that field or has experience. That company has to go through a process called Labor Certification which begins with proving to the US Dept of Labor that he would not be taking a job away from a US citizen or resident in the US. For this, the less experience and education he hase the more difficult and longer this will take and again, he cannot wait here while he wait unless he is in a valid status.

2. Investing in the US is another way to get your green card here. If he can invest at least $500,000 in a company in the US, there is a special green card program.

He would also have to create 10 or more jobs for U.S. workers through this investment.

Good luck to you during this process and I hope this answer has helped you!

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