Hey friends. If you're interested in hearing six creative ways that folks get their green card
through a relative, watch this video. I'm Latoya McBean Pompey and immigration lawyer in New York,
helping clients all over the us and all over the world. Be together in America. Contact us at
McBean law at 5 1 6 8 6 6 3900. Or visit McBean law.com to book your consultation. For those
of you who have not yet subscribed to McBean immigration TV, go ahead and do so right now,
and then also hit the notification bell. So that you'll be the first to be informed of my videos
each week. I'm continuing my series on how to get a green card. If you've
overstayed your visa in America, if you've entered into the United States with a visa
and you've overstayed the time that you're here, obviously the first thing really on your mind is,
well, how can I get a green card? How can I get that legal status that
I need so that I could settle down and feel free to, uh, thrive in America and
have my family here with me. And my first two videos on this subject, I talked about
the U S citizen spouse. And then I also talked about getting a green card through a us citizen,
adult child. Now we're going to talk about some other ways that you can get the green card,
firstly, through a us citizen parent. Now this gets a little tricky. Um, it gets tricky because
it all depends on the age of the child that is being petitioned for. If the child is under 21 and
unmarried that child is an immediate relative of a us citizen and therefore they could stay right
here in the United States and get their green card through adjustment of status. However, if the
child is 21 or over that presents some significant problems, if the child right, the adult child is
still here in the United States past the time that they were supposed to, uh, stay here.
What is most significant with respect to the adult child is whether or not that adult child
has unlawfully present on his or her record, if they do have that unlawful presence. And I'm sure
most of you watching this video who have us citizen parents, you understand this,
maybe I don't know, but with the unlawful presence on your record, it prevents you from seeking
adjustment of status. You would have to go back to a us embassy in your country to be interviewed for
the immigrant visa, and then come back into the U S and uh, have your green card be sent to you,
be mailed to you. However you should not leave the United States unless you have a waiver approved
the [inaudible] waiver for unlawful presence. That needs to be approved before you finish
the counselor process with the national visa center, and then go back for an interview.
If the parent is a green card holder, parent, that parent is also able to petition for either
a child under 21 or a child over 21. The biggest difference between the us citizen
parent and the green card holder parent is that with the green card holder parent, uh, that
child can not be married. Okay? The green card holders are not eligible to petition for adult
married children. Now the green card holder child who has overstayed in the United States
will need to counsel their process regardless of their age, they can be 10, they could be 16 or, or
15. They still will not be allowed to adjust their status in the United States through a green card
holder. Parent. The key with this process is this guys, and I want you to listen very closely to
what I'm about to say next, the age of the child, the green card holder child makes a significant
difference because if the child is 18 or over that child has started to accrue unlawful presence
on his or her record, unless that child had a non-immigrant visa that allowed that child to
maintain a lawful status in the United States. However, if the child did not have that continuous
lawful status in the United States through a V another visa, then that child must get the waiver
approved before they leave the country. Otherwise they could be stuck outside of the United States.
The other way that people can get a green card is actually through a relative, such as an aunt
or a grandparent. However, and I get this question a lot. Can I, you know, file for my granddaughter
or my, you know, my niece or nephew, and generally the answer is no, there is no category
that's in our system that allows for that type of filing, unless the child was legally adopted
by that grandparent or by that on. Um, and the ch the child must have been at a certain
age at the time of the adoption and the adoption must not be for immigration purposes. Okay.
So keep that part in mind. The third way that people can get a green card through
a relative is if the spouse or parent has a non-immigrant visa like H1B visa, and then
that parent or spouse ultimately gets a green card through their employer. Now, the fourth way that
people can get a green card after overstaying, their visa is if they were a K one visa
holder, they entered into the country with that K one visa with the intent of marrying
their petitioner within 90 days. However, they didn't marry that petitioner. Um, they ended up
marrying someone else and guys, this does happen. And then for many of those people, they get stuck
because they cannot adjust their, but there is a way for those individuals to still get the green
card. And it it's through counselor process. And by going back to a U S embassy, however,
if they've overstayed and the country, again, they will also need the [inaudible] waiver.
The next way is through a U S citizen sibling. And the sibling process can be very frustrating
for a lot of people because they've waited for many years to, um, to, for this process to work.
And then ultimately to find out that, wait a minute, um, I actually need a waiver and I have to
go overseas because I've been in America all this time. And I was weighed in on this process and
working or doing other things. So if you are here in the us and you have a us citizen sibling who
filed for you, you're going to need a waiver and counselor processing. However, if you're overseas,
then, um, you will go straight to your embassy process and get your immigrant visa that way. Now,
lastly, the other way that people can get a green card is if they came into the United States under
the conditional resident, immigrant visa, and those individuals get a two-year green card.
Once they come into the United States. Now, for some people, once they come
in to the United States, they some, they have marital problems or whatever the case may be,
and they separate or get a divorce from the person who actually petitioned for them.
And those individuals are still able to get their 10 year permanent residency card
by applying through a process that we do in our office for our clients as well. And it's a waiver
process to get that ten-year green card. This is not it guys. I want you to know that there
are other ways, this is not it, but I wanted to summarize these more common ways for you so that
you could get some ideas. And if you fall into any of these categories, you should definitely
reach out to us so that we could help you and make being law. I hope you found this video,
helpful, share it with other people. Let me know your thoughts below. Don't forget to subscribe
and hit the notification bell. And guys, I will see you in the next one. Bye. Bye.