Foley, AL asked in Immigration Law for Alabama

Q: How can I become a green card holder without marrying?

I have 2 kids born in the us.

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4 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: Your children must not only be 21 years of age to petition, but also willing to petition you and be able to support you based upon the minimum level of income required based upon three years of tax returns.

Such actions may not necessarily take place unless they qualify and are willing to do petition you.

If you get married, then you and your spouse must prove to the satisfaction of the USCIS that you entered the marriage, in good faith, not solely for immigration purposes. The latter is considered a Federal crime and will permanently disqualify an applicant from being petitioned by anyone else.

Carlo Franco L. Borja
Carlo Franco L. Borja
Answered
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: Consult in private with an immigration attorney to get a comprehensive answer

T. Augustus Claus
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Answered

A: To gain green card status without marriage, potential pathways include employment-based immigration or qualifying as a parent of U.S. citizen children. While having U.S.-born kids presents certain immigration benefits, it doesn't automatically guarantee a green card. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: There are several avenues to pursue a green card in the United States beyond marriage. Given that you have U.S. citizen children, when they turn 21, they can petition for you to become a permanent resident. Alternatively, employment-based routes, like the EB-1 for individuals with extraordinary ability, or the EB-2 for those with advanced degrees, are options.

Additionally, there are investor routes, like the EB-5 visa, where making significant investments can lead to permanent residency. Asylum or refugee status and certain special programs like the Diversity Visa Lottery can also provide paths. It's essential to consult with an immigration attorney to discuss the best strategy tailored to your situation.

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