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How Long Do You Need to Live in the United States to Seek Permanent Residency

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  • 04-28-2017, 11:52 PM
    lizard75
    How Long Do You Need to Live in the United States to Seek Permanent Residency
    My friend came to the U.S.A legally but stayed way past his time ( he's Canadian).
    Can he still become a legal resident and than apply for a green card? Or get married to his partner? Not sure of the options available. Can someone please help?
  • 04-29-2017, 04:30 AM
    flyingron
    Re: How Long Do You Need to Live in the United States
    There are no special rules for most Canadians (unless he's a native american) for green cards. He has to apply for one of the immigrant statuses, either work related (H1B or the like) or by a bona fide marriage to a US Citizen (straight forward) or Permanent Resident (takes longer). There's no squatters rights to a green card. Accumulating unauthorized stay time doesn't help him, nor does time spent on the TN visa.
  • 04-29-2017, 03:07 PM
    lizard75
    Re: How Long Do You Need to Live in the United States
    Where can he get the papers to apply for a green card and how much does it cost?
  • 04-29-2017, 03:14 PM
    flyingron
    Re: How Long Do You Need to Live in the United States
    The form is here: https://www.uscis.gov/i-485 However you can't just file it and expect approval. You have to have the proper status or already be admitted on an immigrant (or dual intent) visa. He almost certainly has none of these things. He should sit down with an immigration attorney and his specific details to see what options he might have.

    It's going to run over $1200 to apply and he's just throwing his money away given what you've said at this point.
  • 04-29-2017, 04:16 PM
    llworking
    Re: How Long Do You Need to Live in the United States
    Your friend really needs to spend the money for a consult with a local immigration attorney. They will be able to tell him whether or not there are any conditions available that would allow him to apply for a green card.
  • 04-29-2017, 04:33 PM
    lizard75
    Re: How Long Do You Need to Live in the United States
    Ok thank you. Would you know if he would be classified as a resident as he has been here for over a year.
  • 04-29-2017, 04:48 PM
    llworking
    Re: How Long Do You Need to Live in the United States
    Quote:

    Quoting lizard75
    View Post
    Ok thank you. Would you know if he would be classified as a resident as he has been here for over a year.

    He might be considered a resident for some purposes (tax comes to mind) but he REALLY needs a consult with a local immigration attorney.
  • 04-30-2017, 05:06 AM
    flyingron
    Re: How Long Do You Need to Live in the United States
    Quote:

    Quoting lizard75
    View Post
    Ok thank you. Would you know if he would be classified as a resident as he has been here for over a year.


    As I told you before. You don't qualify for permanent residence status just because you were here (even if you were here legally, and certainly not for being unlawfully present).
  • 06-11-2017, 10:27 AM
    explore
    Re: How Long Do You Need to Live in the United States
    I am just curious if the rules apply to all greencard holders no matter which country they are from ?
  • 06-12-2017, 05:10 AM
    flyingron
    Re: How Long Do You Need to Live in the United States
    Quote:

    Quoting explore
    View Post
    I am just curious if the rules apply to all greencard holders no matter which country they are from ?

    Which rules are you referring to? Really, you should stop digging up month old threads to post trivial responses to. If you have specific questions you should create your own thread.

    As far as anything I posted in this thread it matters not what country the person is from (other than the comment about TN visas which are only open to nationals of Canada and Mexico).
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