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Old 11-28-2011, 12:30 PM
 
Location: Burbs near Philly
191 posts, read 945,825 times
Reputation: 110

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Hi all, I have a question that's been debated in my family for a while now. My cousin is South Korean and came to the USA to get his Bachelors in science about 10 years ago. He knew he'd want to stay in the USA and become an American citizen, so he started his green card application procedure.

After graduation with his BS, he (this is what he claims, I'm not 100% sure since I don't live with him and don't know the full story) said he was going to get sent back to Korea due to lack of a work visa. He then decided to enroll in another degree program to keep his student visa, and since then has acquired a BS degree in Nursing and is currently working as an RN.

I'm not 100% sure on the details, but either his employer isn't willing to sponsor him working here (working visa?) or he's taking courses at a local cc part time to remain a "student". He's hopeful that eventually he'll get a green card and be able to stay permanently.

I'm kind of confused how this is all panning out. He's been in the US for about 10 years now as a "student". How long does it typically take to become a US citizen? Is he doing something wrong on the way to his green card? I'm not too familiar with immigration policies in the USA since I am an American citizen and was born as one.

He's unmarried, in his 30s, and an RN, if that makes a difference.

This is causing a lot of drama on the Korean side of my family, but I don't know if they even know what they are talking about regarding his citizenship.

Any thoughts on what he could do or is this typical?
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Old 11-28-2011, 12:53 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,673,728 times
Reputation: 26727
If I were you I'd stay out of it but, if you can obtain more details, this site will pretty easily answer all the questions about his current status:

USCIS Home Page
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Old 11-28-2011, 03:33 PM
 
Location: Rogers, Arkansas
1,279 posts, read 4,769,664 times
Reputation: 1225
Just because he lives here doesn't mean he will get a greencard (and he will need a greencard for 5 years to get US citizenship). If he stays a student, he will never get a greencard. Some work visas lead to greencards, but not all. If in his ten years here, he has found a US citizen girlfriend, they could marry and he couple Adjust Status to a greencard.
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Old 11-29-2011, 06:23 AM
 
Location: World
4,204 posts, read 4,685,867 times
Reputation: 2841
I knew a Korean student. Well he finished his Ph.D. in Civil Engineering and after that he was on his OPT period for about 1 year. He had lot of publications. He got Green card in highly skilled category.
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Old 11-29-2011, 06:23 AM
 
24,470 posts, read 10,793,748 times
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It sounds like you are trying to snoop around behind your cousin's back. The scenario you posted can mean he is working illegally, he is working OTP, he has a visa ... Details on US immigrations can be found in the link STT posted.
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Old 11-29-2011, 07:00 AM
 
Location: Burbs near Philly
191 posts, read 945,825 times
Reputation: 110
He's definitely not working illegally.

I'm just trying to find out some more information since my Korean side of the family seem to think he's getting the shaft from becoming an American citizen (they like to jump to negative conclusions) and I'd rather present them with the facts and that getting American citizenship does take time and that this might be a normal scenario. It's more damage control than anything else.

Thanks for the useful responses! I'm glad to know this is not an abnormal situation.
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Old 11-30-2011, 10:55 PM
 
387 posts, read 590,983 times
Reputation: 88
Quote:
Originally Posted by soraji View Post
He's definitely not working illegally.

I'm just trying to find out some more information since my Korean side of the family seem to think he's getting the shaft from becoming an American citizen (they like to jump to negative conclusions) and I'd rather present them with the facts and that getting American citizenship does take time and that this might be a normal scenario. It's more damage control than anything else.

Thanks for the useful responses! I'm glad to know this is not an abnormal situation.
It's possible he got a non immigrant visas based on his nursing degree as there is shortage of nurses in US The only way to get a green card is through family or work sponsorship if you not rich or have a Phd in a demanding field of study
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Old 12-07-2011, 11:22 AM
 
1,459 posts, read 3,297,481 times
Reputation: 606
if he is an RN, then he should have no problem getting a work visa.

other than that, tell your relatives to shell out $500k for an investors visa.
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Old 12-08-2011, 06:55 AM
 
35,309 posts, read 52,269,210 times
Reputation: 30999
If he's working as an RN in a hospital it might be worth a chance for him to talk to his Human Resource Department about the possibility of the hospital sponsoring him,
Friend of mine was in a similar situation as a teacher sometime ago and he approached the particular school board with his story and they ended up sponsoring him, that was 20 yrs ago..
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Old 12-08-2011, 12:12 PM
 
9,326 posts, read 22,010,909 times
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Quote:
Originally Posted by jambo101 View Post
If he's working as an RN in a hospital it might be worth a chance for him to talk to his Human Resource Department about the possibility of the hospital sponsoring him,
Friend of mine was in a similar situation as a teacher sometime ago and he approached the particular school board with his story and they ended up sponsoring him, that was 20 yrs ago..
If his hospital won't sponsor him, his best option is to find one that will. I know of someone that got sponsorship from a rural hospital in Colorado. There are no guarantees that he'll get the green card. Even if he gets approved for a green card, he still has to wait 5 more years before he is eligible to apply for citizenship and he has to wait a year or so to get called for the citizenship test. At least the ROK changed their laws in 2011 so he can have dual citizenship, if interested.
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