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madaga

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My name is Jonathan. I have lived in the United States, legally, for the last 13 years. I am 22. Because of poor representation I do not have my greencard yet. I have been here as a dependent of an investor, and later as a student. Within the month my student visa will expire and then it will be a lot harder to change my status. I heard there is a law that states that if one has lived more than 50% of their lives in the US legally, then they are liable for citizenship. How can I now apply for citizenship? Or how can I at least apply for a Greencard?
If you have any information, please let me know, it would be extremely helpful, sadly, most immigration attorneys are out of my budget.

Thank you,
-Jonathan
 
madaga said:
My name is Jonathan. I have lived in the United States, legally, for the last 13 years. I am 22. Because of poor representation I do not have my greencard yet. I have been here as a dependent of an investor, and later as a student. Within the month my student visa will expire and then it will be a lot harder to change my status. I heard there is a law that states that if one has lived more than 50% of their lives in the US legally, then they are liable for citizenship. How can I now apply for citizenship? Or how can I at least apply for a Greencard?
If you have any information, please let me know, it would be extremely helpful, sadly, most immigration attorneys are out of my budget.

Thank you,
-Jonathan
Click to expand...
Jonathan,

This forum is for people applying for Citizenship not Green Card. Unfortunately, you will have to consult with a lawyer. For consultation they charge $200.00 - $300.00 (for 20 -30 minutes). See what they have to say.
 
Jonathan,

There is no such law that I'm aware of. In fact, E-2/E-4 investor visa generally has no route to permanent residency, and as far as I know, and F (student) visa does not allow dual-intent.

Although I'm far from expert on student visas, I do recall there is provision for a 1 year practical (work) experience, which may allow you sufficient time to get established with a company and have them sponsor you for H1B or I-140.

Your best bet may be to consult with a professional, at least to determine you available options.
 
boatbod said:
Jonathan,

There is no such law that I'm aware of. In fact, E-2/E-4 investor visa generally has no route to permanent residency, and as far as I know, and F (student) visa does not allow dual-intent.

Although I'm far from expert on student visas, I do recall there is provision for a 1 year practical (work) experience, which may allow you sufficient time to get established with a company and have them sponsor you for H1B or I-140.

Your best bet may be to consult with a professional, at least to determine you available options.
Click to expand...

Agree. OPT option is widely used by many post-students. But, school has to cooperate and you must have an employer to hire you.

You will need to consult professional here.
 
Superstring said:
Agree. OPT option is widely used by many post-students. But, school has to cooperate and you must have an employer to hire you.
Click to expand...


Actually, no, you do not need to have a job offer to get an OPT. However, the school does need to endorse the application; the endorsement goes on the back of I-20.
I went through this myself after I finished graduate school.
Getting an OPT permit is a very good option since for a year it allows one to stay in the U.S. and work in any job that is reasonably related to the degree that the person earned while on an F-visa.
Also, many people use OPT as a time cushion while waiting for another visa, such as H-1 (that is what I did).



However, there is something I find strange about madaga's original post:

madaga said:
I am 22. Because of poor representation I do not have my greencard yet. I have been here as a dependent of an investor, and later as a student. Within the month my student visa will expire and then it will be a lot harder to change my status.
Click to expand...

I don't see what you not having a green card has to do with 'poor representation". It sounds like you were simply not eligible for a green card (and are still not eligible).

Also, I find it strange that your student visa will expire "within the month". Usually, an F-1 visa expires upon graduation (you have a 60 days grace period after that). Based on your age I assume that you are getting an undergraduate degree. In most places these degrees are awarded at the end of the academic year, that is, sometime in May. So I don't understand how it is that your visa expires in January or February.

Regarding your original question, no, there are no laws that make you eligible for a green card just becuase you have been in the U.S. for a certain number of years.
 
I also find the post a bit fishy.

Anyway, why don't you apply for further studies? Depending on your area of study if you further your education with a master or Ph.D. you could improve your chances of becoming employed and gaining a Green Card through employment.

You don't say anything about your country of origin, perhaps with your years of experience in the U.S. and education you could find a better life there, if everything else fails.

Other than that it seems to me you waited 'til the last minute to ask for help here, and you didn't even bother to come back to reply to questions posted by members of this forum trying to give you ideas or possible avenues. Well, to be fair not everyone is close to a computer all the time ;)

My 2 cents.
 
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baikal3 said:
Actually, no, you do not need to have a job offer to get an OPT. However, the school does need to endorse the application; the endorsement goes on the back of I-20.
Click to expand...

You are asbolutelly right. Thanks for good clarification. You do not need a job to get formally an OPT.

However, it is worth emphasizing that (fair number of) schools want you to show credible proof that you are actually going to use this extra time to get some practical experience for yourself (intent of OPT visa) such as work, research, credible volunteering etc. Ultimatelly school is managing your OPT and SEVIS record and can report any inactivity or violation on your part fairly fast.

In other words, you can not use OPT to sit around and stay in US like you are PR resident or something...... OPT has its purpose...

Or put it this way....if you get your degree say in computer science....and after gettting an OPT, all you do is wash dishes, work in fast food restaurant, drive taxi etc. WITHOUT doing anything else...you are in the violation of OPT.

What I wanted to say is that defacto you have to find a job (employer) within 1yr of getting an OPT if you want to stay in US.....your OPT can not be extended after 1yr.
 
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