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Old Jun 11th 2009, 7:10 am
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Default GREEN CARD ADVICE

Hello everyone,

I have a few questions regarding the Green Card and was hoping one of you knowledgeable people will have an answer.

Ok my situation is that I am a British citizen that has been living in the USA (NYC) for the past 8. I came here through my company in November 2008 on an L1B Visa. So far so good and I’m loving the American lifestyle etc but really hate my job and what I am doing. It’s got to the point where I want to hand in my resignation. Only problem with that is that I will have to relinquish living in the US and head back to the UK.

I have been entering the US Green Card lottery for the last 4 years with no joy whatsoever and I have no plans of marrying and American girl just for a visa.

So my plan has been to finally persuade my Dad who lives in the UK and is also a British citizen to apply for his Green Card. My dad is able to apply for a Green Card as he has 3 sisters who live in the USA and also his mother. Anyway, so my Dad’s mother is acting as his sponsor and the application was submitted about 3 weeks ago. My intentions are that once he has a Green Card then I to also apply for one. I know things are never as easy as it seems so these are the questions I hope you could help me with?

1. How long will it take for my Dad’s Green Card’s visa to come through if the application is successful? I heard it can take anywhere between 8 – 12 months or perhaps longer?

2. Upon receiving the Green Card will my Dad have to move to the USA for any period of time or can he still have a Green Card and live in England? I heard that maybe in the first few years he may have to Visit the USA a certain number of times if he has no intentions of moving there permanently to begin with?

3. After my Dad has his Green Card how long after this could I then apply for my Green Card?

Overall I am just trying to work on a timeframe in which I could possibly have a Green Card. Is 3 years from now a realistic time frame?


Thanks in advance
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Old Jun 11th 2009, 7:26 am
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Default Re: GREEN CARD ADVICE

1.
12 years, give or take for sibling sponsorship.
8 years, give or take for child sponsorship.

The rest becomes rather irrelevant, doesn't it? Ask again when he's got his green card.

Last edited by fatbrit; Jun 11th 2009 at 7:29 am.
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Old Jun 11th 2009, 7:30 am
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Default Re: GREEN CARD ADVICE

P.S. You may have a claim on citizenship. Try this route instead.
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Old Jun 11th 2009, 7:32 am
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Default Re: GREEN CARD ADVICE

You should get you green card within 18 years give or take ...
Of course you Dad had to live in the US
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Old Jun 11th 2009, 8:20 am
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Default Re: GREEN CARD ADVICE

Hello Fatbrit,

How exactly would I have a claim on citizenship? Are you basing this off when my Dad receives his Green Card and you are sure my Dad has to live in the US as soon as he receives his Green Card? I have heard on occasions people applying for a Green Card and upon receipt of it only visiting the USA around 3 times a year. This in no way made their Green Card Void. Can anyone else shed some light on this?

Last edited by FUB05; Jun 11th 2009 at 8:26 am.
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Old Jun 11th 2009, 8:48 am
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Default Re: GREEN CARD ADVICE

Originally Posted by FUB05
I have heard on occasions people applying for a Green Card and upon receipt of it only visiting the USA around 3 times a year. This in no way made their Green Card Void. Can anyone else shed some light on this?
Those people were just lucky. Once you have your green card, the USA is your permanent home, and any time spent outside the USA is just visiting abroad. You cannot LIVE abroad and just visit the USA...if you do that, you're bordering on the issue of abandoning your PR status.

Rene
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Old Jun 11th 2009, 8:53 am
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Default Re: GREEN CARD ADVICE

Originally Posted by FUB05
Hello Fatbrit,

How exactly would I have a claim on citizenship? Are you basing this off when my Dad receives his Green Card and you are sure my Dad has to live in the US as soon as he receives his Green Card? I have heard on occasions people applying for a Green Card and upon receipt of it only visiting the USA around 3 times a year. This in no way made their Green Card Void. Can anyone else shed some light on this?

I think he's basing the citizenship possibility on the grandparent who lives in the US. I'd say that's a long shot.

Was anyone in the family born in the US or was your father born to a US citizen?

Also, some LPRs may visit the US and manage to keep the card, but sponsoring someone as an LPR, or getting citizenship requires more documentation where it would become clear that the LPR isn't residing in the US.

Those people are playing with fire.
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Old Jun 11th 2009, 8:56 am
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Default Re: GREEN CARD ADVICE

Originally Posted by FUB05
Hello Fatbrit,

How exactly would I have a claim on citizenship?
If your grandmother is a US citizen (which she has to be since your father is trying for a green card through her), there may be some way for you to gain citizenship through her. Some kind of grandparent clause exists I think, but I'm not 100% sure.
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Old Jun 11th 2009, 10:59 am
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Default Re: GREEN CARD ADVICE

Originally Posted by FUB05
Hello Fatbrit,

How exactly would I have a claim on citizenship? Are you basing this off when my Dad receives his Green Card and you are sure my Dad has to live in the US as soon as he receives his Green Card? I have heard on occasions people applying for a Green Card and upon receipt of it only visiting the USA around 3 times a year. This in no way made their Green Card Void. Can anyone else shed some light on this?
Through grandparents. You give insufficient info to make a determination of whether it is possible.

Ganging out here for a handful of vacations every year is not going to preserve permanent residency.
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Old Jun 12th 2009, 1:15 am
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Default Re: GREEN CARD ADVICE

Originally Posted by FUB05
you are sure my Dad has to live in the US as soon as he receives his Green Card? I have heard on occasions people applying for a Green Card and upon receipt of it only visiting the USA around 3 times a year. This in no way made their Green Card Void. Can anyone else shed some light on this?
A green card isn't an immigration status, it's a document that shows that the holder is a legal permanent resident of the US. So, what does permanent resident mean to you?
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Old Jun 12th 2009, 3:08 am
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Default Re: GREEN CARD ADVICE

OK,

I feel like i'm getting some conflicting messages from this post. It seems from responses that my dad will have to become a permanent resident and live in the USA upon receiving his Green Card. I did not think this was the case straight away so this is good to know. Where i am a little confused is whether it will take me 8 years or as someone else on this thread mentioned 18 years to get a Green Card assuming my Dad receives his Green Card within the next 12 months.

I never previously heard of the citizenship route via the Grandparent.

No one in my family was born in the USA but my Grandmother has been a US citizen for the last 20 years at least. Do you know if this would give me an outside chance of applying for citizenship based on a Grand Parent?

Thanks
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Old Jun 12th 2009, 3:35 am
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Default Re: GREEN CARD ADVICE

Originally Posted by FUB05
OK,

I feel like i'm getting some conflicting messages from this post. It seems from responses that my dad will have to become a permanent resident and live in the USA upon receiving his Green Card. I did not think this was the case straight away so this is good to know. Where i am a little confused is whether it will take me 8 years or as someone else on this thread mentioned 18 years to get a Green Card assuming my Dad receives his Green Card within the next 12 months.

I never previously heard of the citizenship route via the Grandparent.

No one in my family was born in the USA but my Grandmother has been a US citizen for the last 20 years at least. Do you know if this would give me an outside chance of applying for citizenship based on a Grand Parent?

Thanks
You're dad isn't getting a green card any time soon. Adult children of US citizens who were petitioned for 8 or 9 years ago are still waiting today.

Even if he got his card today, you're likely looking at another 8 or 9 years and that's if you don't get married in the meantime.

Check out the current wait times at:

http://travel.state.gov/visa/frvi/bu...etin_4512.html
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Old Jun 12th 2009, 3:55 am
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Default Re: GREEN CARD ADVICE

What is your dads sisters and mothers immigration status? Maybe I missed it. US citizen? Permanent Resident? Visa?
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Old Jun 12th 2009, 4:00 am
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Default Re: GREEN CARD ADVICE

Originally Posted by Duncan Roberts
What is your dads sisters and mothers immigration status? Maybe I missed it. US citizen? Permanent Resident? Visa?
His grandmother is a USC. His father has siblings in the US. Their status isn't that important unless something happens to grandma because the wait for sibling based petitions are even longer.
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Old Jun 12th 2009, 4:09 am
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Default Re: GREEN CARD ADVICE

Originally Posted by FUB05
Where i am a little confused is whether it will take me 8 years or as someone else on this thread mentioned 18 years to get a Green Card assuming my Dad receives his Green Card within the next 12 months.
Since your USC grandmother filed a petition 3 weeks ago for her son (your father), it will take about 8 years before he gets an immigrant visa. Once he gets the visa, he will become a US permanent resident the day he enters the US and will subsequently get a GC in the mail. On the day he becomes a PR, he can then file for an immigrant visa for you, but since he'd only be a PR and not a US citizen, it'll take about 10-12 years before an immigrant visa is available for you. When you enter the US using the immigrant visa, you will immediately become a PR and get a GC in due course. So, for you to become a PR... it'll be about 18 years or so. Once you've been a PR for 5 years, you can apply to become a US citizen.

Honestly, marrying a US citizen is a far easier route!

Ian
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