Kissimmee, FL asked in Immigration Law for Florida

Q: I have been married to my Brazilian wife for 6 years. I have had some health issues and cannot sponsor her

My income was not high enough. She has been at the same job for 5 years. What are our options without a sponsor?

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2 Lawyer Answers
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Given that you've been married to your Brazilian wife for 6 years and she has been working at the same job for 5 years, you may have a few options for her to obtain legal status in the United States without a sponsor:

1. Employment-Based Green Card: If your wife's employer is willing to sponsor her for a green card, she may be eligible for an employment-based green card. This process can be lengthy and requires the employer to prove that there are no qualified U.S. workers available for the position.

2. Diversity Visa Lottery: Your wife can apply for the Diversity Immigrant Visa Program, also known as the Green Card Lottery. This program provides a limited number of visas each year to individuals from countries with low rates of immigration to the United States.

3. Asylum: If your wife faces persecution in Brazil based on her race, religion, nationality, political opinion, or membership in a particular social group, she may be eligible for asylum in the United States.

4. U Visa: If your wife has been a victim of certain crimes in the United States and has suffered substantial physical or mental abuse, she may be eligible for a U visa if she cooperates with law enforcement in the investigation or prosecution of the crime.

It's essential to consult with an experienced immigration attorney to determine the best course of action based on your specific circumstances. They can help you navigate the complex immigration system and provide guidance on the most appropriate options for your situation.

Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: A US Citizen without sufficient income to sponsor his spouse for her green card can enlist a joint financial sponsor. The joint financial sponsor must be either a US Citizen or green card holder who lives in the US.

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