QUESTION
Can a legal resident for 10 years apply for Green card?
Asked on Nov 27th, 2013 on Immigration - Delaware
More details to this question:
I am a Canadian citizen. I entered the USA in April 2007 with TN Visa for a job in a major bank. In 2009 my Visa switched to H-1B status. It recently has been renewed to expire on 2016 December. I will have been in USA legally for 10 years. My current employer is not willing to petition for green card and I am afraid that wont change. What are my options? My sister is US citizen but she is not a US resident (she lives in another country). My uncle is also US citizen but I believe uncle is not considered an immediate family member.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
I suggest that you seek some other route for your U. S. immigration. The 10 year green card is for those who can show that they have been present in this country for 10 years, have good moral character, and demonstrate that their removal would cause exceptional and extremely unusual hardship to a U. S. citizen or permanent resident spouse, child, or parent. The relief is sought not with U.S.C.I.S. but with the immigration court. In order to bring your case before the immigration court, you must be illegal. In the event that you manage to have your case in front of the court, relief may take years and the consequence of failure is usually an order of removal.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Dec 22nd, 2013 at 10:02 PM