Legal Question in Immigration Law in Kansas

Hi, my boyfriends a Scottish immigrant, 21y/o, and has been here for 3yrs waiting on his naturalization process. He is currently in the "in-between" period- his work visa, drivers lisence, etc, is expired, because he is waiting for the finalization of the process. I recently became pregnant, and now his parents want to cancle his immigration and send him back to Scotland. They filed for him since he was a minor when he entered. Can they really do that so close to his permanent resisency? Should I get a lawyer for him?


Asked on 12/01/10, 11:33 am

3 Answers from Attorneys

Dianne Brooks The Mandel Law Firm

It's not clear exactly what your boyfriend's status is. Is he a permanent resident applying for naturalization? If so, his parents can't do anything about that situation as he is over 21. If that is the case then he should have a work visa etc, since you can get all of the those things with a green card, if he is indeed an LPR. If his parents brought him here as a minor and never filed anything for him that is another matter. I would advise you to speak with an experienced immigration attorney who may be able to straighten this out. I represent people in all 50 states so if you would like to telephone or email me to discuss your case I would be happy to speak with you.

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Answered on 12/06/10, 11:58 am
Mina Tran PALMER & TRAN, LLP

Unfortunately, yes. If his parents are the ones who petitioned for him, they generally can withdrawal their petition anytime before it is approved. If the I-130 petition is already approved, then your boyfriend may be able to get his green card on his own but it will certainly be more difficult. If you have a copy of your boyfriend's application I would be happy to review it and see if I have any ideas for you. You can contact me at [email protected]; www.palmer-tran.com.

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Answered on 12/06/10, 12:00 pm
Luba Smal Smal Immigration Law Office

You should consult a good immigration lawyer and schedule a proper consultation because it's not clear from your post what is his status, waht was filed, etc.

I am 'guessing' that he is not even a green card holder and is not waiting for his citizenship. My understanding that he is a dependent of his parents on their application for permanent residency (green card).

If you are a US citizen, you might have additional options as to how to make him a resident.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 12/06/10, 1:12 pm


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