Waterbury, CT asked in Immigration Law for Connecticut

Q: Would living in the US after my tourist visa expired affect my I130 visa process from my permanent resident parents?

I am a foreign citizen, living in Greece and 35 years old. My parents currently live in US as permanent residents, since my brother petitioned I130 for them. My parents have submitted I130 for me, but the case would take 7-8 years until I get my green card and move in the US. In the case that I enter US on a tourist visa and I stayed in US as an undocumented immigrant, would that affect my I130 procedure of obtaining a green card? What if I was in the US on a student visa and after the end of school again stayed as undocumented, would that again affect my I130 visa application? If yes, what would be the best scenario for me to move in the US earlier than those 7-8 years without affecting my I130 application. Thank you for your time!

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3 Lawyer Answers

A: If your parents remain permanent residents you will need to remain in a lawful status at all times until you get the green card in this scenario. For best results work with a reputable immigration attorney.

A: Do not stay illegally in the US.

Consider other options to get a green card;

https://www.shusterman.com/green-card-through-marriage/

https://www.shusterman.com/green-card-through-employment/

Or a temporary visa:

https://www.shusterman.com/temporary-visa/

James L. Arrasmith
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Answered

A: Overstaying a tourist visa or violating the terms of a student visa by staying in the US after it has expired may negatively impact your I130 visa application. It is important to follow the terms and conditions of your visa and immigration laws in order to avoid any legal issues that could harm your immigration status or future immigration applications.

If you are looking for ways to move to the US earlier than the 7-8 years it would take for your I130 visa application to be processed, you may consider other options such as employment-based visas, investment visas, or family-based visas through other family members who are US citizens. It is important to consult with an experienced immigration attorney to explore all your options and determine the best course of action for your individual circumstances.

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