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

UPDATED: Oct 1, 2022

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


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


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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