Legal Question in Immigration Law in Texas

My I-94 is expired, i been in the U.S. for 3 years, im 17(gonna turn 18 on november 2010),i just graduated, my visa expires on 2011 and i want to apply for a green card, am i in a good condition to get one ?


Asked on 6/28/10, 4:34 pm

2 Answers from Attorneys

Hisham Leil The Law Office of Hisham A. Leil

Hello,

It all depends on what means you have to apply for a green card. If you are applying through a parent or spouse you should be ok. However, for most other situations you would need to be in lawful immigration status. The good news in your case is that you are not building up unlawful presence until you turn 18. You have to be very careful because once you have 6 months of unlawful presence you will be inadmissible for 3 years if you leave the US. Once you are over 1 year of unlawful presence you will be inadmissible for 10 if you depart the US and try to reenter. However, you do not have to worry about that if you are going to depart and consular process before you have 6 months unlawful presence or if you are applying for a green card by way of a parent or spouse. This is a bit of a complicated area so please feel free to give my office a call if you would like a consultation. (860) 524-5141.

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Answered on 6/28/10, 7:59 pm
Luba Smal Smal Immigration Law Office

Only if you are married to a US citizen or if your parent (mother or father) is a US citizen. To apply for a green card (permanent residency), an applicant has to be eligible for adjustment of status or an immigrant visa. It's not clear from your post if you have any eligibility for a 'green card'. What visa do you have? If your I-94 had expired, most likely you are in unlawful status.

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

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. 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. Please email at Attorney [@] law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

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Answered on 6/28/10, 9:16 pm


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