spockoandjimjim:
Uniquely annoyed about whoever is advising Ilya Rozanov’s immigration situation as someone who specializes in that.
Okay the source is me and my law degree and whatever links I can be bothered to find but
At some point in episode six but also in the book Ilya mentions marrying his friend Svetlana to get a green card because he doesn’t want to go back to Russia! This is very reasonable on a number of levels!
At the time Ilya has this conversation, Ilya is probably on either a P-1 visa as a “Part of a group or team at an internationally recognized level of performance,” OR an O-1 visa as an “Individual with an extraordinary ability in the sciences, education, business, or athletics.” Both of these visas are great because they allow very talented people to live and work in the US as (among other things) gifted athletes. However! They are both non immigrant visas, meaning that they are intended to be temporary permission to enter and work in the United States and don’t usually offer a direct path to lawful permanent resident status! When someone enters the United States on a nonimmigrant visa, they’re allowed in because in theory they’ve shown the United States that they intend to return to their country of origin when the term of their visa expires (google presumption of immigrant intent and the 90 day rule if you’re a real INA freak).
However! It’s actually pretty hard to get a marriage based green card? Like whatever you’ve read in a romance novel is WRONG. The US government is really worried that people are going to commit marriage based immigration fraud (getting married just for a green card and not because you intend to establish a life together. Bark v. INS, 511 F.2d 1200 (9th Cir. 1975). Immigration law is pretty clear that you have to actually WANT to be married when you marry someone for immigration status. A green card can’t be your only motivation. This is to the point that we modified immigration law in the 80’s to make a marriage based green card conditional for the first two years of the marriage (there are a few exceptions).
It’s important to know that when you ask the US government for a green card, you don’t just show up and say “hey give me one!” You need to show that you fit the criteria for a specific adjustment of status category AND that you merit a favorable exercise of discretion. This is where Ilya has a GREAT option. Ilya is in the United States (presumably) on an employment-based visa. Unless he has a family member who could sponsor him in an F 1-4 category (all his immediate family is in Russia, so probably not), OR he qualifies for a humanitarian form of immigration relief (this is complicated, difficult, and takes years), he is likely looking at the employment based adjustment of status options.
My thesis is: Ilya Rozanov needs to adjust status using the EB-1 adjustment preference category. This is a preference category for people with “extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.” It’s colloquially known as the “einstein visa.” EB-1 petitioners need to show that they have national or international acclaim for their accomplishment through three smaller achievements, or one big one-time achievement.
According to the game changers series wiki, Ilya won the Stanley cup in 2014 , which is an internationally recognized award. This alone in theory would qualify him for the EB-1 adjustment preference category. However, he could probably also qualify for a green card by showing that 1) he has won other awards (like MVP) 2) that he’s an NHL player, an organization that demands outstanding achievement from its players, 3) that he’s regularly written about in major news publications due to his international recognition as a hockey star 4) that he commands a high salary because he’s the best at hockey.
I know he says he’s going to marry Svetlana to rile Shane up, but all I’m saying is that he needs a better lawyer because he should have had his green card for years by the time that the book ends in November 2018. Someone in Boston needs to be fired because they are providing incompetent counsel!!
(no hate to Rachel Reid who wrote a very good book, I’ve just been thinking about this for a week)
