United States of America - Green Card: Can I apply for one, if I become eligible, while in the USA on a visa waiver program?
I m 24/male with an associates degree and from a Scandinavian country (Nordic country), I have an E-passport and qualify for the existing Visa Waiver program, which means that I don t need to apply for a visa to visit the United States of America. My background, culture, ethnicity and former travel destinations shouldn t raise any red-flags with the USA, so I will leave that out of the matter. I m in the United States of America and I m about to become eligible to apply for a green card. I was there to visit my girlfriend (we ve had a long distance relationship), and while there, I suddenly came to realize a lot of things. First of all, my education in my home country is done, and I can use it to work in the USA. My girlfriend is also done with college and has a good job and is set up pretty well over there. We always planned to move to my country because we were both sort of under the impression that things were just better here (which some would argue that they are), but it turns out that for us, it would be better to live together in the states. With the realization, we've recently gotten married - Probably also a result of my stay there being the longest time we've spent together physically in years, and we're not really willing to be apart now. Being married to a citizen of the USA makes me eligible to apply for a Green Card, but my question is: Can I apply while I'm still there on a Visa Waiver program?
How long can i live in the USA for without a Green Card?
My family and I are all Australian citizens. (my wife, two daughters and myself.) My father died at 49, and I will be that old next year. And it has occurred to me that you only live once and you should make the most out of things while you are here. My family and i have travelled to the US twice, for holidays. (2 weeks each time.) and we absolutely love it there. The food, the people, the sceneries, the lifestyle, everything. My wife and i are talking and we would love to rent a house, and live in America next year for as long as we can WITHOUT a green card. (probably somewhere in california.) We were just wondering how long is the longest we can stay in the USA without getting into trouble and WITHOUT a green card? The experience is one we would love so thank you all for all your help.
Can I get a green card after living in the US for over 10 years?
If you are here and did not follow the legal process to enter the United States, there is a “Cancellation of Removal.” It is used in Immigration Court proceedings to stop deportation. If it is granted, you would be given a green card by the judge. However, if you’re not involved in a proceeding in immigration court, this won’t do you any good. You’d also have to meet other criteria as well:You must prove you’ve been here for at least 10 years and that you were served papers for an immigration proceeding.You must be of good moral character during those 10 years. Common good moral character issues include problems with the law, not paying your taxes, and committing fraud of some kind.You must show that deportation would cause exceptional and extremely unusual hardship to your spouse, parent, or child that is present in the U.S.It would be prudent for you to talk with an immigration attorney about this matter. If you are involved in an Immigration Court proceeding, an attorney can help you. Even if this isn’t your situation, an immigration attorney may be able to give you some options. If you’d like to ask an immigration attorney, consider LawTrades. We are a legal marketplace that makes it easy for people to connect and work with on-demand, vetted attorneys. We also have a service called Micro that allows you to ask an experienced attorney a question and you’ll get a reply within 48 hours. Hope this helps!
Is it possible to work in the U.S. indefinitely on a green card without changing citizenship?
Yes, you can keep your green card indefinitely, and will not be required to naturalize at any point. Many people keep their green cards for their entire lives in the US without issue.Keep in mind, however, that the US allows dual citizenship. If your home country also allows this, you can naturalize without renouncing your native citizenship. If dual citizenship is allowed by your home country, you should seriously consider it, because there are many drawbacks to not naturalizing. Here are a few:Risk of Deprtation. Although a green card gives you "lawful permanent resident" status, it is not necessarily permanent. As a green card holder, you remain subject to the deportation grounds in the INA, and can be deported even if you have lived here for 50 years. Citizens cannot be deported.Freedom of movement. Trips outside the US of more than 6 months can lead to the revocation of your green card under certain circumstances.Family petitioning. As a citizen, you can sponsor family members for green cards that you cannot as a green card holder. This includes your parents, siblings, and married children.Voting. No matter how long you have had your green card, you will not be able to vote until you become a citizen.Renewal. Although you do not lose your lawful permanent resident status when your green card expires, for practical purposes, you will need to keep your card current to prove your status. This means paying a renewal fee and doing paperwork every 10 years. Citizenship is a one-time application that ends all immigration paperwork.
If I am not a US citizen and not even a green card order, but my child was born in the USA?
well, you can't qualify for a green card or resident status based on the birth of your child in the US. as you found out, once your child turns 21, he can sponsor you for resident status, but not until then. It shoulds like you came in on Visa Waiver. If that's the case, you won't be able to change status to any other nonimmigrant status while in the US. that's one of the primary provisions of the Visa Waiver Program. So, even if you qualified for some nonimmigrant status that would normally allow you to live and work here for some temporary period of time, you'd have to leave to apply outside of the US. Plus, once you fall out of status on your 90 day stay, you begin to build up illegal presence. Once you've been here out of status for over 6 months, you will be ineligible for any visa, immigrant or nonimmigrant, for 3 years and after 12 months of illegal presence, you become ineligible for 10 years. So, if you can qualify for a green card all over again in some manner on your own, if that's possible, you won't be able to live in the US.
As a current green card holder, can I work outside the U.S while keeping my residence and my bank account here in the U.S?
You could and if you return to the United States within the stipulated time, you should be fine . You can stay longer out of the United States if you have a reentry permit. The reentry permit is measured from the time it was approved - not since when you left United States. Suppose you left USA in June and applied for a reentry permit while doing so and it got approved in October, your reentry permit is from October through the end time it is supposed to be.However, I would highly recommend you do not disclose to the immigration officer that you are ‘working’ in some other country. It is sort of sulked upon. The whole purpose of ‘Green Card’ is that you stay here for full 5 years and become a US citizen. I know an extreme case where a woman’s green card was taken away by an officer when he found out she was working in Canada and having a US green card. ( It is a rare case). But, just be safe and try telling something else to the immigration officer about why you are NOT living in USA at the moment ( Family issues, health etc).P.S This is NOT a legal advice. I am not a lawyer. Consult your immigration lawyer for more detailed information and confirmation about what you should do.