Immigration Law

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I want to kinow what I can do to obtain permanent residence…

Customer Question
Hi. I want to...

Hi. I want to kinow what I can do to obtain permanent residence here in America. I was born here of diplomatic parents but later left with them back to our home country. Im back now here to America but I cant obtain citizenship

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

No i dont have any

Lawyer's Assistant: Have you talked to a lawyer yet?

No lawyer yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that will be it for now

Submitted: 8 months ago.Category: Immigration Law
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Answered in 1 minute by:
9/27/2017
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 8 months ago
Nisha Jones, Esq.
Category: Immigration Law
Satisfied Customers: 2,779
Experience: Managing Attorney at a Law Firm
Verified

Good morning, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 8 months ago
ok thanks
Immigration Lawyer: Nisha Jones, Esq., Lawyer replied 8 months ago

Unfortunately the children of foreign diplomats, even though born in the US, do not obtain US citizenship by birth.

See:

https://cis.org/Birthright-Citizenship-Children-Foreign-Diplomats

There are however other means for obtaining US permanent residency.

I can prepare a brief overview of these other options and send them to you below, so that you can review them and see which may be applicable to you. US immigration law is organized in such a way that there are specific, limited categories for migration, and in order to be approved, you must meet the eligibility requirements.

Here is the list:

(1.) Immediate relative category
This is used if you have a qualifying immediate relative that can petition for you.
Immediate relatives under USCIS include a US citizen or permanent resident spouse, fiance, parent, child (over the age of 21), or sibling.

The form used for filing this petition is Form I-130.

You can find more information here:
https://www.uscis.gov/i-130

(2.) H1B employment visa
This is used if you have an advanced degree or otherwise specialized training in your particular field.

The H1B must be petitioned for by the employer, not yourself.

At the end of your term on the H1B visa, the employer has the option to file a petition for your permanent residency.

You can find more information here:
https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models

(3.) EB5 Investor visa
This is an investor visa that allows you to permanently move to the US.

You must be starting or investing into a new business venture.

There is a minimum requirement for the investment amount, which is $500,000 USD.

You can find more information here:
https://www.uscis.gov/eb-5

Those are the options for permanent residency to the US.

There are also a few other options for temporary stays in the US, such as:

(1.) a B2 tourist visa
(2.) an F1 student visa
(3.) an E2 treaty investor visa

I hope that helps!

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Category: Immigration Law
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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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