Legal Question in Immigration Law in Oklahoma

Hi,

I am an international student from Nepal. I entered to US on august of 2006 with an F1 visa. After that I went to university here in US for 3 years sponsored by my sister who is a US citizen. And on fall of 2009, I had to drop out of my college due to some personal as well as financial problems and ever since I haven't been enrolled to any colleges or universities yet. So my status as an F1 student is totally messed up.

I have few questions. I have learnt about applying for a US permanent resident through family. As my sister is already a citizen and my mom holds a green card, do I have any chances of getting approved for green card if I do my process through my family? I was 19 when I entered US but I am 24 now. If Yes, through which family member should I apply? Does my present status creates impossible scenario?

Thank You.


Asked on 9/07/11, 5:42 am

2 Answers from Attorneys

Michael Cho Law Offices of Michael Cho

You would be able to adjust your status to lawful permanent residency if for example, you married a US citizen and your spouse applied for you as an immediate relative.

The wait time for a mother applying for her unmarried adult son/daughter over 21 years of age is over 7 years right now so probably not very helpful for your immediate needs.

Please feel free to browse my web site at http://www.msclaw.com if you have any further questions or wish to schedule a free consultation.

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Answered on 9/07/11, 6:33 am
Rebecca White Law Office of Rebecca White

You may not have any immediate options based upon what you described above. If you marry a US citizen (based upon mutual love and affection, not for immigration reasons) you would be able to adjust to lawful permanent residence. You may want to consult with an immigration attorney to go over all possible options. You will want to have information regarding when and how your mother and sister gained status. As noted in the answer above, a filing by a parent for a adult child over the age of 21 will result in a signficant wait time for the visa to become available. Again, there may not be any immediate answers to your situation, but a full consultation may assist you in long term planning.

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Answered on 9/07/11, 11:42 am


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