QUESTION
How can my boyfriend keep his visa or upgrade to a green card?
Asked on Oct 26th, 2011 on Immigration - New York
More details to this question:
I am a 20 year old, US citizen and my boyfriend is from Canada (also 20), and has been in the US with a student visa for college. However, his family is no longer willing to pay his tuition and doesn't believe he can work in this country on his student visa, nor does he qualify for the financial hardship work authorization. It looks as though he'll have to return to Canada if we can't find a way for him to stay here and continue school or get him a green card so he could join the Army like he was hoping. Is there any way I could petition for him to stay or any programs that assist in these situations?
7 ANSWERS
Assault Attorney serving Richardson, TX
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He should try to find a substitute sponsor for the Affidavit of Support, if he wants to maintain student status. That does not really solve his tuition problem though. Also, your boyfriend should contact a recruiter for the Army. He may be eligible to enlist since he has maintained valid student status. Otherwise, you would need to be legally married in order to petition him.
Answered on Nov 01st, 2011 at 8:43 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You can petition him if you marry him.
Answered on Oct 27th, 2011 at 12:30 AM
No, he cannot stay and work unless you both are committed enough to get married. There is the possibility that with an eventually job offer and the right degree or training, he may return with an H1-b or TN visa. However, these visas are limited in time.
Answered on Oct 26th, 2011 at 5:23 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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You can only petition for him if you are married to him.
Answered on Oct 26th, 2011 at 4:58 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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Please schedule a consult with a competent immigration attorney to fully review all options. Your boyfriend may want to look at transferring to a more affordable school; talking to his FSO about getting a lower courseload and work authorization because of changed economic circumstance. If you are ready to marry, then you can sponsor him for a green card as a married couple. Once he has his degree, he will be eligible for several employment visas including the TN.
Answered on Oct 26th, 2011 at 4:20 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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If the two of you marry, you can petition for him.
Answered on Oct 26th, 2011 at 4:19 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You can apply for his green card after getting married. He does not have to leave the US. The entire process takes about 3 months from start to finish.
Answered on Oct 26th, 2011 at 4:19 PM