Can I go to court and request permanent residency while I am still an international student?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I go to court and request permanent residency while I am still an international student?

Hello,

I am 20 years old and currently enrolled in a college where I am attending as
an international student. I have been in America for 12 years. My parents and I
moved when I was 9 years old. When I was 14, my father fell sick with cancer
and passed away after 6 months. He never ended up finishing the permanent
resident paperwork so it was all thrown out when he passed. For us to stay in
the country, my mother had to enroll as an international student and I had to
enroll as soon as I graduated high school. Well I am now 2 years into college
and struggling financially being as though I cannot work as much as I need to.
I am also pregnant. I was wondering if I could take my case to court and
request or apply for permanent residency so I can work and save up money
instead of going to school full time.

Asked on March 8, 2019 under Immigration Law, Ohio

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You cannot just go to court and ask for permanent residence.  Do you know on what basis your late father was applying for permanent residence?  Was it on the basis of employment?  A family based petition?  What was it?  If it was something that is still viable, you might be able to reapply on the same basis b ut I'm not sure what that would be.  Most likely, you will need to find a new basis for applying for permanent residence, most likely once you graduate and get a job so that the employer can petition for you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption