QUESTION
If I have a green card and am from Haiti, can I stay in the US with my daughter who is a citizen?
Asked on Jan 27th, 2011 on Immigration - Florida
More details to this question:
I have been approved for the deferred action last year, I am a survivor of the earthquake in Haiti last year, I came with my daughter who was pulled out of the rumble of our house more than 10 hours after the earthquake all covered with her mother's blood who died protecting her, she is 23 months old now, and she is a US citizen. I wanted to know if I can have the green card so I can stay with her and provide her a good future. Can you please help me!
2 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
I am glad you have your child and am so sorry you lost your wife..
Deferred action allows you to remain in the U.S. and to obtain work authorization. Make sure you do not let it expire without taking action. It is not a green card. When your daughter turns 21 years of age she can petition for you to obtain permanent residency. To get permanent residency before then you would need to qualify under one of the many categories for permanent residency. I would be happy to consult with you on what if anything you would qualify for. Contact my office to set up a consultation to discuss procedures, fees, and timing.
Answered on Feb 17th, 2011 at 5:00 PM
There are various ways for you to apply for your green card. If you have temporary protected status and employment authorization, and you are working, you may have an employer who may wish to sponsor a work-based visa. If you have refugee or asylee status you can apply for a green card. If your daughter obtained citizenship through adoption by US citizen parents then your daughter is a child of her adoptive parents. I would need to know more about your case to say more.
Answered on Jan 31st, 2011 at 11:43 AM