Bethlehem, PA asked in Immigration Law for Pennsylvania

Q: My son’s girlfriend is from China and is attending graduate school here to get her master’s degree. She would like to

Stay and find work by obtaining a green card through an employer. If she can not find work before her visa runs out they are thinking of getting married because they eventually want to wed. Can she marry my son and get a green card and work in the U.S. but not give up her Chinese citizenship? She does not want to be an American citizen because she wants to be able to go and see her parents in China easily.

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2 Lawyer Answers

A: Your son's girlfriend can continue to seek out job offers and also her optional practical training (OPT) prior to graduating. She can also explore the H-1B status with a prospective employer.

As to marriage to your son, you did not specify the immigration status of your son. Without knowing that detail, it is not possible to let you know if she can apply for adjustment of status with USCIS.

Also, acquiring U.S. permanent status does not require her to abandon her Chinese citizenship.

Ms Grace I Gardiner agrees with this answer

A: If your son is a US citizen, he could petition his girlfriend after they marry and she can get a green card. She doesn't have to apply for US citizenship. I suggest you work with an immigration attorney

Ms Grace I Gardiner agrees with this answer

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