Can I get a green card while here on tourist visa if my home country is being terrorized? 7 Answers as of June 26, 2013I and my wife are Nigerian citizens who entered the US with tourist visas along with our 1year old son who is a US citizen and our 2yrs old son who is also a British/Nigerian Citizen and we do not wish to go back to Nigeria due to the present threats of the BOKO HARAM (Al- Qaeda group) terrorizing our part of the country. How can we get a green card in the US without being asked to go back and get the appropriate visas? Can my relative who is a US citizen sponsor us for a green card?
Reza Athari & Associates, PLLC | Reza Athari
If you think your life will be in danger, either by showing past persecution or well founded fear of future, you may apply for political asylum. Please consider consulting with an immigration attorney before making such an important decision. Asylum cases are NPT easy to prove.
Answer Applies to: Nevada
The Law Offices Jonathan D Montag | Jonathan D Montag
Dear Sir or Madame: I can respond to your question in general terms. Do not construe this response as legal advice as I would have to meet with you and learn a lot more facts about your case to see if the general principles in my answer apply to your specific case or if facts in your case make the general principle inapplicable. Generally speaking: People fearing persecution can seek asylum in the United States. The person has to have an objective and subjective well-founded fear of persecution. Usually, but not always, a person must show past persecution on account of their race, religion, nationality, social group, or political opinion to seek asylum. General fear of lawlessness wont cut it. People get visas through business and family relationships. For family relationships, only a petition by a U.S. citizen spouse, a U.S. citizen son or daughter over age 21, or a U.S. citizen parent for a child under 21 lead to permanent residence without a wait and without having to me in lawful status. I cannot schedule an appointment through email. Please call me to schedule an appointment.
Answer Applies to: California
Law Office of J Thomas Smith | J. Thomas Smith Ph.D.
No. you cannot get a green card merely because your country is being"terrorized." If however, you are fleeing persecution in your country, you MAY be able to apply for asylum or refugee status. This will allow you to stay in the U.S. until it is safe to go home to your country. If after a year, things are still not safe in your country you may be able to apply for permanent residence status. To qualify for asylum or refugee status, you must have a well founded fear of persecution. This cannot be some localized threat. It must be a nationwide threat to your life or freedom which the government has no ability or willingness to protect you from. If the threat is local, you can just relocate to another part of the country. An economic threat is not adequate. The fact that it is dangerous is not adequate. There must be a condition that renders you, personally, unsafe anywhere in your country. Your asylum application must be submitted within one year of your arrival in the U.S. A frivolous application for asylum will render you ineligible for any immigration benefits for life. Your U.S. citizen child who is 21 years old may petition for a visa on your behalf. Do consult an experienced immigration attorney for advice and recommendations for your specific situation.
Answer Applies to: Texas
Law Office of Immigration & International Trade Law | Linda Liang
You may consider asylum. You should work with an immigration lawyer on this case because you have only one shot. If you are denied, you will be deported.
Answer Applies to: Florida