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A Mexican getting a green card for the US.


cedros

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I have been trying to help a young Mexican from Chapala for quite some time but we are stuck on several points. He lived and worked in California for 9 years and then moved back to Chapala about 7 years ago. About 10 years ago when he was in the US he applied for a Green card. They told him it would take 12 years. The paperwork he had for this application has been lost. He wants me to phone (he is a bit unsure of his English) the "Green card people" in the US and ask what is happening. I am a Canadian so I have no idea what US government office handles this. When in the US they lived in greater Los Angles. Can anyone suggest who I would phone in the US to ask about this?

 

A second thing are his US school records. He didn't quite finish high school as he had to go to work in California to support the family. He would like to get these school records to finish his prepatoria in Chapala but how. This is needed to get a proper job. This young man has 3 sisters and nephews that live in the LA area but they don't seem to be getting anywhere. They don't speak English that well (and they are a bit afraid of dealing with authorities). A nephew was here recently and we gave him signed letters (with copies of the young man's ID). Then the nephew went to the school in greater LA and they told him he had to do it online. They don't have computers. I guess I will have to get the name of the school in LA and the appropriate years and phone the the school.

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Very kind of you to try to help but you are taking on a potentially complicated and convoluted process to straighten out.  There are Mexican attorneys that could help but of course that will entail spending pesos.

Here is a link to the department that handles green cards.  Don't have any ideas about the school records.  Good luck!

https://www.uscis.gov/greencard

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Cedros, I wish I had something truly encouraging to tell you, but, in all honesty, I cannot... I have a friend who has been trying to get a visa to visit the US for two years to no avail.¿Quién sabe?

I do have a couple of suggestion, though...  see if you can contact Spencer, who is a lawyer on both sides of the border, he may still be a member of the forum and has or had an office on the Carretera about a block east of the mural and his home in the alley there leading down to the malecón. He is well known.

Or you could call a US Consulate and see if someone can help you find the right official... but try for Spencer first. He kknows a lot.

Best of luck to you and the young man.

PS. When I got my green card in the US, I was 26 and had been living there long term. It didn't take any 12 years... I had my card in however long it took to process it. I think someone was having him on.  In any case... that is the first thing I would ask.

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1 hour ago, pedro malo said:

Very kind of you to try to help but you are taking on a potentially complicated and convoluted process to straighten out.  There are Mexican attorneys that could help but of course that will entail spending pesos.

Here is a link to the department that handles green cards.  Don't have any ideas about the school records.  Good luck!

https://www.uscis.gov/greencard

Thanks pedro malo I have gone through that website and found a telephone number there. I talked to them and they told me I have to bring this young man to my phone and then they will quiz him. They can't tell me in advance what information this young man will need to have with him so we will see. 

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17 minutes ago, bobnliz said:

Cedros, I wish I had something truly encouraging to tell you, but, in all honesty, I cannot... I have a friend who has been trying to get a visa to visit the US for two years to no avail.¿Quién sabe?

I do have a couple of suggestion, though...  see if you can contact Spencer, who is a lawyer on both sides of the border, he may still be a member of the forum and has or had an office on the Carretera about a block east of the mural and his home in the alley there leading down to the malecón. He is well known.

Or you could call a US Consulate and see if someone can help you find the right official... but try for Spencer first. He kknows a lot.

Best of luck to you and the young man

I imagine Spencer would charge me to do just what I am doing.

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https://www.uscis.gov/green-card/green-card-through-family/green-card-family-member-us-citizen#outside

It might take about 12 years to get a Green Card if he was applying as the sibling of a US citizen. The US citizen would be the petitioner for a family member.

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What complicates the process is that he was in the US illegally, and thus broke the law. A penalty has to be paid. He must be out of the US for 10 years (with proof) and then there could be a fine. Then, to get a greencard, he needs a sponsor (someone willing to give him a job, etc. ) and guarantee that he will not become a burden on society. Suerte.

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1 hour ago, AlanMexicali said:

https://www.uscis.gov/green-card/green-card-through-family/green-card-family-member-us-citizen#outside

It might take about 12 years to get a Green Card if he was applying as the sibling of a US citizen. The US citizen would be the petitioner for a family member.

 

12 minutes ago, Jim Bowie said:

What complicates the process is that he was in the US illegally, and thus broke the law. A penalty has to be paid. He must be out of the US for 10 years (with proof) and then there could be a fine. Then, to get a greencard, he needs a sponsor (someone willing to give him a job, etc. ) and guarantee that he will not become a burden on society. Suerte.

There are a lot of unanswered questions here.  The OP does not say he was in the US illegally and if he was, there is no way he could have applied for the green card with illegal status.  If he was illegal, his belief that he had applied may be wrong.  Maybe got taken by some fly by nights that promised they could help for a fee.  Cedros and the young man will soon find out once they get on the phone with USCIS.  The fact that he left the country after applying is certainly problematic if in fact he was waiting for green card while legally in US.  A lot does not make sense here and I suspect that there will be little to no good news but I wish them the best of luck anyway.

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He was in the US with his parents who had green cards. If that makes any difference. It doesn't matter a lot to him which way it goes as he doesn't really want to go back to the US but he would like to know what happened with his application.

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If he is not serious about getting a Green card and living in the US do not waste your time. If he gets a Green card it will be unvalidated once he leaves the States if he leaves for more than, I forget the amount of time but it is less tan 2 years.

If he left the States after his application he probably lost his place you are not supposed to leave the States when you are applying for a Green card.. So he broke the rules, probably another 10 years to go..the wole thing is a very bad joke..believe me. Trump make it sound so simple.just enter illegally.. yep obviously he has never gone through the process and he is not Mexican..

I can see myself applying for a Green card to return with my husband now that I am French and Mexican and never wanted to be a US citizen when I had the cance..that probably would cost me too..

 

Frankly unless he is serious about wanting to live there, do not bother , get a 10 year visa if he wants to visit (without working) and forget it. I am married to a US citizen, pay taxes , lived there for 30 years and lost my rights to the Green card because I live here...

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1 hour ago, cedros said:

He was in the US with his parents who had green cards. If that makes any difference. It doesn't matter a lot to him which way it goes as he doesn't really want to go back to the US but he would like to know what happened with his application.

Cedros, none of this makes any sense.  You may be wasting your time with him.  If BOTH his parents had green cards and he lived with them as a minor, then he automatically should also have had a green card and therefore permanent residency in the USA already!  What he's telling you does not add up.

For decades the rule has always been that if you leave the United States as a permanent resident (green card holder) for more than 6 months, you loose your permanent resident status.  Don't know if they have extended the time limit outside the country but I doubt it.  Very odd that he would "loose" his application paperwork for a status he would have had automatically being the son of 2 green card holders.  The other possibility was that the whole family did have green cards and if they left to return to Mexico, the whole family lost their status after 6 months and then later he returned and reapplied?  The call should clear things up for you.

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1 minute ago, bmh said:

No matter what, if he is in Mexico he left the States during the application so his application is probably in file 13 or maybe has not come up yet but since he left it is back to applying again..

For sure.

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Just a little clarification on the application process for a green card: anyone that has some intelligence and can read and follow directions, can do the process, it is not a difficult procedure (having gone through that with my Mexican wife, who spoke no English at the time). Directions are also in Spanish. If you have little education, you will need a lawyer, or an advocate (often free NOB) to help you.

So, we found, in our experience, that the Trump guy is actually correct, as she entered legally, and easily followed all the rules. It is a much different matter when you enter illegally.

That said, the process for Naturalization is also a simple process; it is just a matter of reading and following directions (sure, you need to speak, read, and write English at that time). Anyone can do it if you can read, write, and follow directions.

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oh well at that rate I do not have to worry about getting mine back ever...and I am sure that Young guys who want to make some money for a couple of years will not wait either.. This kind of bs encourages ilegal immigration. People are going to go where they want to like it or not and who is going to wat for 21 years..?

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I don't think that 21 years is your problem. Maybe you should reread Mostlylost's  post.  BTW, many that have a legit job offer in the US (LEGIT) can get a Green Card faster than a spouse. I think you are not current on the Green Card rules. Check them out !

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On 9/2/2016 at 11:43 AM, cedros said:

He was in the US with his parents who had green cards. If that makes any difference. It doesn't matter a lot to him which way it goes as he doesn't really want to go back to the US but he would like to know what happened with his application.

Cedros, please let us know how this all turns out.  I'm very curious!

 

 

 

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Something is missing, I am married to a US citizen , I have no intensión of taking on the nationality and I believe that I should be able via my marriage to come and go with my husband..but because I left to live in Mexico I have lost the Green card.. and who knows how long it would take me to get another one if my husband wanted to move back.. Does that make any sense?. By the way I also pay taxes to the US as I earned the money there .. My next step will be to get a 10 year visa but the whole process really stinks..

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4 hours ago, HookEmHorns said:
/visitGreen Card Through a Job (2016)  (USCIS.GOV)

The main ways to immigrate based on a job offer or employment are listed below:

Green Card Through a Job Offer: You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you.

 

REMEMBER, a "Green Card" /Permanent Resident Card is for someone desiring to live permanently in the USA( it is a step toward Citizenship), and is not what is needed for someone that simply desires to go there to work, or visit, for a time and then return to live somewhere else. Those who desire short term work/visit would seek some type of a Visa, not a Green Card.

  • First Preference: Priority Workers, including aliens with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers
  • Second Preference: Members of professions holding an advanced degree or persons of exceptional ability (including individuals seeking a National Interest Waiver)
  • Third Preference: Skilled Workers, professionals and other qualified workers
  • Fourth Preference: Certain special immigrants including those in religious vocations
  • Fifth Preference: Employment creation immigrants (investors or entrepreneurs)

Basically unless you are a rocket scientist or corporate officer you are not going to get a green card by employment for years. There are a limited number available. 99% of workers receive a K1 Visa which they have to re-new and get in line for an employment green card.

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so when I supported my husband  while he was unemployed I was taking advantage of the system? I do not want a special treatment , just saying it is ridiculous for the wife of a US citizen to have to become a US citizen in order to be sure to be living with her husband in the States after she left a couple of years..

 

I am not pleading for myself as I live in Mexico I am happier here than I was in the US and if I ever leave I will live in France. I am a Mexican citizen as well so there are at least 2 countries where I can live the way I like to live.. I do not believe spouses should have to jump through hoops to live with their spouse in any country.

I did not chose to live in the States. I was invited there to spend a year by an employer and it was not my intention to stay. I made plenty of money for US companies and paid plenty of taxes so for you to tell me I was taking advantage of the US or wanted a special treatment shows how much clue you have about me or immigration for that matter.

I was educated at a good university , I did not need to come to the States to have a decent job or a decent life..use that argument on someone else.

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  • 3 weeks later...
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The young man has decided after reading these posts that there is no point in finding out what happened to his application as if he ever wants to go there he will try the visa route. Thanks you all for your help.

 

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