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Filed: Timeline
Posted

Hi all,

I posted on the forums a good while ago about helping my girlfriend to remain in the country and hoping that I might get more help or information.

To sum up her story:

She came over with her parents about 10 years ago (she was just a child) when they purchased 2 businesses here in the FL. They still own these businesses and continue to contribute. They currently have an E2 visa which she is covered under. Her brother married a citizen a few years ago and will be going through the process of becoming a US citizen this year. With that he will be able to sponsor their parents for green cards.

The questions I have:

  • Could she be covered under the brother sponsoring parents for green card - she is under 21?
  • Student visa - would this be difficult to get? She has gone through most of her school life here and is currently in college. If a student visa is the only option, what can we do about debt/loans?
  • Are there any other alternatives that we might not know of?

Thank you all so very much for any advise. As you can imagine this is quite a stressful situation.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

1- No, that would only cover the parents. To petition his sister would take 12+ years.

2. In general, student visas are easy if you have the money to pay for school. Remember that under a student visa, she could not work (well, only very limited hours on campus), so this would be a very expensive option. As she is not a US citizen or greencard holder, her options for scholarships etc would be limited.

3. If the parents would not go for the greencard, how long will the E2 be valid for? One option may be for the brother to only petition one parent, the other stays on the E2 (and thus your girlfriend keeps the derrivative). Once one parent is a greencard holder, they petition their spouse and child (takes about 2.5 years if she is still under 21 then). Or you could get married?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Citizen (pnd) Country: China
Timeline
Posted

Thank you. Do you know: is there a path through E2 long term that could allow for residency? Like I said, they own 2 profitable businesses and have done so for almost 10 years.

Not that I'm aware of, which is one of the major problems of the E-2 visa. The required investment is lower than for an EB-5, but it doesn't come with a green card or any sort of long term visa status. Other than that, she would either have to be sponsored for an H1-B after college or find a graduate program that would fund her so she could stay on an F1.

07/14/2012: Eloped in Texas Hill Country
08/11/2012: Mailed I-130, I-485, and I-765 to Chicago Lockbox
08/13/2012: Package received by Chicago Lockbox
08/14/2012: Priority Date
08/17/2012: Notice of receipt sent
08/21/2012: Biometrics appointment notice sent
08/27/2012: Walk-in biometrics completed
09/19/2012: Interview scheduled for October 26
10/24/2012: EAD production ordered
10/26/2012: Interview in San Antonio. AOS approved!
11/5/2012: USCIS claims green card delivered, nothing in mailbox.
12/5/2012: Service request filed for non-delivered green card.
12/7/2012: Service request replied to (but not delivered).
1/4/2013: Filed I-90, paid another $450
1/24/2013: Biometrics again...
4/1/2013: First Green Card from November finally arrived...

4/22/2013: Replacement Green Card arrived.

8/9/2014: Filed I-751

8/14/2014: Received NOA for I-751

3/12/2015: ROC Approved!

7/18/2016: Sent in N-400 to Texas lockbox

7/21/2016: N-400 delivered

 
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