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  • Need advice

    Hi, I'll get straight to the point.

    I know someone that came here at the age of 7 in 1989 with his parents. He is now 26yrs of age. He has not left the country since he came here. He went to elementary, middle and high school here. He has a Bachelor of Science in Electrical Engineering from the University of Texas at Arlington. He recently got engaged to his girl friend of 2yrs. She is a caucasian U.S. citizen. And yes she knows about his situation. Also very important, he's brown and from Pakistan. Code red right?

    Very Important: note that he can only prove 6months of legal stay in the U.S., the first six months. I state this because his previous attempt to get a lawyer had an issue with this. Which led to the lawyer taking advantage of him in a WHITE COLLAR way. He entered the country legally with his parents.

    I want to know if this is an approachable case? Can he, after or prior to marriage, improve his status in the U.S.?

    Thanks,

  • #2
    Hi, I'll get straight to the point.

    I know someone that came here at the age of 7 in 1989 with his parents. He is now 26yrs of age. He has not left the country since he came here. He went to elementary, middle and high school here. He has a Bachelor of Science in Electrical Engineering from the University of Texas at Arlington. He recently got engaged to his girl friend of 2yrs. She is a caucasian U.S. citizen. And yes she knows about his situation. Also very important, he's brown and from Pakistan. Code red right?

    Very Important: note that he can only prove 6months of legal stay in the U.S., the first six months. I state this because his previous attempt to get a lawyer had an issue with this. Which led to the lawyer taking advantage of him in a WHITE COLLAR way. He entered the country legally with his parents.

    I want to know if this is an approachable case? Can he, after or prior to marriage, improve his status in the U.S.?

    Thanks,

    Comment


    • #3
      Hi Batman, this is Superwoman with you.

      Your friend's case is a straight-forward one when it comes to USC spousal petition. There's no 'code red' even though he's from Pakistan as long as his record will turn out 'clean' when he's background checked.

      Here are the primary requirements:

      > legal entry into the US (which he did as you said);

      > crime-less life (the good moral character clause);

      > ability to overcome public charge burden (I-864 Affidavit of Support for him by his USC soon-to-be spouse or in conjunction with other qualifying person);

      > proof of good health (by a USCIS accredited physician); and

      > valid marriage entered into in good faith (with emphasis on the phrase: good faith).

      Comment


      • #4
        Thanks for your response Superwoman. He has no criminal record, he just averages 1 speeding ticket a year. Other than that, he's clean as a whistle.

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by batman3365:
          Can he, after or prior to marriage, improve his status in the U.S.? </div></BLOCKQUOTE>

          After the marriage, his wife should petition for him with form I-130. At the same time he should submit I-485 (for adjustment of status) with the form for Employment authorisation document. He should not leave the USA before he gets green card.

          As Rough Neighbor says, he is eligible to adjust status in the USA based on marriage to US citizen.

          Comment

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