apply green card for other family member when I have green card

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bobyang3

Registered Users (C)
I just wonder if I can apply green card for these people, when I am a greencard holder. thanks!

1. my parents? (I am the only son. When can I apply greencard for them? few months after my greencard or I can apply for them once I got my greencard?)

2. I have a girlfriend who lives with me for years. however, she entered USA with turist visa and she stays here for over 11 years already. so if she leaves USA, she will not be able to enter USA for 10 years. How can I help her out? she doens't need to be a greencard holder, she just wants to be able to re-enter USA without limitation so she can visit me anytime.

thank you!
 
You can't sponsor either of them until you are a citizen.

There isn't a category for parents of green card holders.

And they don't forgive long overstays for spouses of green card holders. Only citizens.
 
Your green card does not give you the right to apply for your parents. Only citizens can do that.

And because she overstayed your green card does not help your GF either.
 
Jackolantern said:
You can't sponsor either of them until you are a citizen.
sorry, I just like to comfirm again because I heard someone bring their family memeber here to get the greencard, the wife, children over 21, and brothers. I just wonder if this is true they can do this? I just wonder if they can do for their brother while greencard, then I cannot do it for my parents?

thanks!
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bobyang3 said:
sorry, I just like to comfirm again because I heard someone bring their family memeber here to get the greencard, the wife, children over 21, and brothers. I just wonder if this is true they can do this? I just wonder if they can do for their brother while greencard, then I cannot do it for my parents?
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They didn't sponsor their brother nor their parents while on a green card, unless it was done decades ago when the rules were different. Ask in the family-based green cards section of this forum if you don't believe me.

They must have either become citizens, or started a company and brought in those relatives via the company with employment-based green cards.
 
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Jackolantern said:
They didn't sponsor their brother nor their parents while on a green card, unless it was done decades ago when the rules were different. Ask in the family-based green cards section of this forum if you don't believe me.

They must have either become citizens, or started a company and brought in those relatives via the company with employment-based green cards.
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Or if they are political refugess from specific countries
 
bobyang3 said:
Jackolantern said:
You can't sponsor either of them until you are a citizen.
sorry, I just like to comfirm again because I heard someone bring their family memeber here to get the greencard, the wife, children over 21, and brothers. I just wonder if this is true they can do this? I just wonder if they can do for their brother while greencard, then I cannot do it for my parents?

thanks!
Click to expand...

A green card holder can sponsor only his/her spouse, minor children and older children who are single. No body else can be sponsored by a green card holder. The story you heard was urban legend.
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You can try to invite your parents to visit you. Just be warned that (depending on your country of nationality) they will have an uphill battle convincing the United States Consulate that they will return home at the end of the visit.

It is a long shot but you can give it a shot.
 
I see. yes, it could be a urban legend. after hearing a lot of stories, I don't believe stories easily now. I even heard someone said if you are illeagl in USA for 10 years, then there is something you can do to get greencard... I have searched around but I didn't find any document from gov about this.

thank you!
 
bobyang3 said:
I even heard someone said if you are illeagl in USA for 10 years, then there is something you can do to get greencard... I have searched around but I didn't find any document from gov about this.
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That is probably a loose reference to the amnesties of the past such as 245(i) or Reagan's amnesty of the 1980's (although they didn't require 10 years of illegal presence), which aren't applicable anymore.
 
Jackolantern said:
That is probably a loose reference to the amnesties of the past such as 245(i) or Reagan's amnesty of the 1980's (although they didn't require 10 years of illegal presence), which aren't applicable anymore.
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There is something called cancellation of removal which may give a green card to people who have been here illegaly for at least ten years AND if their deporation causes what the law says is "exceptional and extremely unusual hardship" to his spouse, parent or child who is a citizen or a green card holder.

There are two problems with getting this. First, many undocumented aliens do not have such a relative. Second, even if they do, they cannot demonstrate "exceptional and extremely unusual hardship" which is a very high standard.

Also the procedural hurdles to appy are pretty tricky.

This is probably the only active "amnesty" provision under current law.
 
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Thank you for the great information!! very usful!

sorry, four more questions popup my head. (We want to stay together and get marry but we kind of worry she will be deported and we cannot see each other easily which makes so hard to keep the relationship.)

1. is there any way to remove the 10 years bar? or get a chance to re-enter USA
2. if I am a citizen and we got married at the time I hold greencard, can she re-enter to US even she is still within 10 years bar
3. is it hard to apply green card for her if I am a US citizen? (we are marry in USA but she is outside of USA with 10 years bar)
4. if she get another country's citizenship, will she be able to use that country's passport to enter USA without 10 bars?

thank you!
 
bobyang3 said:
is there any way to remove the 10 years bar? or get a chance to re-enter USA
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Not unless she can claim exceptional hardship to a US citizen. Practically speaking, no.

if I am a citizen and we got married at the time I hold greencard, can she re-enter to US even she is still within 10 years bar
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No.

is it hard to apply green card for her if I am a US citizen? (we are marry in USA but she is outside of USA with 10 years bar)
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You can apply, but the 10 years needs to expire before she can enter the US.

if she get another country's citizenship, will she be able to use that country's passport to enter USA without 10 bars?
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Not unless she becomes a different person.
 
thank you!

then it sounds like 10 year bar overwrite everything...so the safest thing is waitting for me to be a citizen then apply for her within USA then.
 
bobyang3 said:
Thank you for the great information!! very usful!

sorry, four more questions popup my head. (We want to stay together and get marry but we kind of worry she will be deported and we cannot see each other easily which makes so hard to keep the relationship.)

1. is there any way to remove the 10 years bar? or get a chance to re-enter USA
2. if I am a citizen and we got married at the time I hold greencard, can she re-enter to US even she is still within 10 years bar
3. is it hard to apply green card for her if I am a US citizen? (we are marry in USA but she is outside of USA with 10 years bar)
4. if she get another country's citizenship, will she be able to use that country's passport to enter USA without 10 bars?

thank you!
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1. The only way to get rid of the bar (short of a successful asylum application or something like that) is to prove that you would suffer extreme hardship. You need to have a serious health issue or a similar sob story to win this. So basically the answer is no.

2. No. The legal standard for a waiver is the same regardless of if you are a resident or a citizen (extreme hardship to you).

3. Yes it is hard because she needs a waiver.

4. Having a new nationality does not affect this.

Sorry to be the bearer of bad news.

I will go out on a limb and say that if there is a Democratic President with an expanded Democratic majority in Congress next year the ten year bar may be eliminated.
 
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bobyang3 said:
thank you!

then it sounds like 10 year bar overwrite everything...so the safest thing is waitting for me to be a citizen then apply for her within USA then.
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Yes but there is always the risk that she can be detained by ICE in the interim.
 
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thank you! now, I am kind of understanding why those people stay instead of leaving USA. They have no chance outside of USA but at least they have some hope if they stay inside. That's so sad.

I kept scold her about this, she could get a student visa easily before but why she let it expired and then run into this situation...she said her attoney applies status change from B1 to F1 which took 3 years and got deny. so the attoney told her if she leaves the USA she would have 10 years bar. it ends up her status get screwed up... sign...

thank you!!
 
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