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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5232
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I need help, georgia, yes, i 130, my dad is a citizen, no

Customer Question

hi
JA: Hi. How can I help?
Customer: i need help
JA: What state are you in? It matters because laws vary by location.
Customer: georgia
JA: Has anything been filed or reported?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: i 130
JA: Is your spouse a U.S. citizen or a permanent resident?
Customer: my dad is a citizen
JA: Have you talked to a lawyer?
Customer: no
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 2 months ago.

Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

Expert:  Jen Marie, Esq. replied 2 months ago.

Thanks for the information. What is your specific question about the I-130?

Customer: replied 2 months ago.
I got notice of intent to deny. They asked me to submit following evidences - "You are granted 30 days from the date of this notice to submit evidence the beneficiary is eligible for the approval of your form I-130, as your parent-child relationship to Tae Hoon Oh is not recognized for immigration purposes based on the beneficiary being adpoted by Sun Kyo Lee, USCIS also requests you submit evidence to support your parent-child relationship from June 9, 2003, the date the beneficiary was adopted, to present"
Expert:  Jen Marie, Esq. replied 2 months ago.

Ok, and what is your question regarding the intent to deny?

Customer: replied 2 months ago.
I'm the beneficiary here, 20 years old. My dad is a citizen. It was submitted 5 months ago and I still haven't heard from USCIS. Why's it taking so long?
Expert:  Jen Marie, Esq. replied 2 months ago.

Why is what taking so long?

If you received a Notice of Intent to Deny, that is why you have not received a decision. You must reply to the Notice of Intent to Deny first. You must submit evidence of your adoption according to what they are saying.

Customer: replied 2 months ago.
Which I did. I submitted pictures with my dad, affidavits, financial supporting proof. What concerns me is that my stepdad in South Korea is legally my dad. Do you think it's worth to still fight for this I-130?
Customer: replied 2 months ago.
USCIS found out that I was legally adopted by my stepdad in South Korea. They think my relationship with my dad in America is not bona-fide. How do I resolve this problem?
Expert:  Jen Marie, Esq. replied 2 months ago.

Unfortunately if you have been legally adopted by someone else, then the relationship with your father in the US is usually no longer a legal relationship and cannot be used for an immigration benefit. Since you already submitted and paid for the I-130, it is worth to still fight on the off chance that the officer who adjudicates it believes there is still a legal relationship. You already paid for the I-130 so what do you have to lose.

There's nothing else you can do now but wait. You already submitted all that you could. It can take several months to get a decision after submitting the requested documents.

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

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Customer: replied 2 months ago.
For Jen Marie, what are the other ways to get a green card considering my situation?
Expert:  Jen Marie, Esq. replied 2 months ago.

In relation to your father, there is no other way. All you can do is wait and see what happens with the I-130 since you have already sent all the information they wanted from you.

Besides that, how else you can qualify for a green card is a very broad question. I can just tell you in general the options

1. The most common way is through a person's family. This must be through only close relatives that must be US citizen or legal permanent residents and they must petition the person. These would be his/her spouse, your lega parent or child if they are 21 and over, or also through a sibling... If the person has one of those in the US, they can petition for the person to come to the US but there is usually still a wait time, in some cases many years.

2. The next way is through a job/employment. For a green card it depends on your educational background and experience but most commonly you will need at least a Bachelor's degree. Most importantly you would need a job offer from a company that is willing to petition for your green card.It is difficult because it is costly. The company has to pay you (the person) the "prevailing wage" for your position and must show that it can afford your wage and has a need for your 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 you (the person) would not be taking a job away from a US citizen or resident in the US. For this, the less experience and education you have the more difficult and longer this will take to have a green card available and you cannot wait here inside the while you wait for a green card to be available.

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

You would also have to create 10 or more jobs for U.S. workers through this investment. This is the EB-5

4. The next way is applying for asylum.

You must prove that if you returned to your home country, you will be persecuted there on account of your religion, race, nationality, religion, or membership in a particular social group.

You would have to show that you would be persecuted for the reasons I listed. It has to be something that is happening only to you or a small group and not to the general population. You would have to apply for this within 1 year of entering the US.

5. The last way is through the diversity visa ( which is a lottery). Here is more information on that. http://www.uscis.gov/green-card/other-ways-get-green-card/green-card-through-diversity-immigration-visa-program/green-card-through-diversity-immigrant-visa-program

I hope this has helped guide you in the right direction and hope that you can kindly issue a good rating for the consultation. Thank you for your consideration.