Immigration Lawyer Peter Messersmith

Peter Messersmith is an attorney located in Orlando, Florida. He has been practicing immigration law since 2002 and has represented thousands of immigrants and US businesses with their immigration needs.

Waiving the Meeting Requirement for an K1 Visa Application

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I am trying to secure a fiancee visa. The problem I have is that I can not obtain a passport due to owing child support. The question I have is there any other way I can get her here without traveling to her country? She lives in Uzbekistan. Is there another type of visa we can get so that she may travel here.

The law allows USCIS to waive the meeting requirement where there is extreme hardship or a long established custom. To put this in perspective, in 2003 the USCIS Office of Administrative Appeals (AAO) ruled that there was no extreme hardship in a case where the US sponsor refused to meet his fiance during the Afghanistan war because they could have met in a third country.  I don’t think your failure to pay child support would make you eligible for a waiver.

F1 Visa Stamping After a Successful Change of Status

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I came into the US with a visitors visa and my school managed to get me into F-1 status. I would like to see how i can get an F1 visa stamp in my passport so i may travel back home. Id like to find out what my options are.

The only way to obtain a visa stamp in your passport is to apply for stamping at a US Embassy outside of the US. While you can obtain a new visa status in the US, you cannot obtain the visa stamp without leaving the country. The US Embassies prefer that you apply for the visa stamp in your home country. This means that you generally have a greater chance of success there. However, since it is cheaper and faster to travel to Canada or Mexico, many people choose to apply there. Embassies in Canada and Mexico will only accept certain applicants so we will need to make sure that you are eligible before you leave the country.

E1 Visa Denied in Taiwan

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My E1 visa got denied at the US Consulate in Taiwan. I work at a food import company as a manager. The officer asked me what my daily job is when I was getting the interview, I forgot to explain to her that I am the one in charge the company while my boss leaves the country. (he has to leave for visiting suppliers overseas every 2-3 months.) I believe it is the reason why the officer think I dont actually work at a manager posotion,then the officer rejected my E1 Visa.  Should I  re-apply?   What kind of documents can help me to prove I really work as a manager position?

You can either reapply for the E1 visa in Taiwan (AIT) with stronger supporting documentation or we can petition the US Department of State and ask them to review the denial and instruct AIT to issue the E1 visa. We have taken both paths in previous cases and have had success in each. We’ll have to review your case in more detail to determine your best course of action.

Cancellation of Removal Proceedings

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Im facing removal proceedings, Im out of status, have lived in the USA for more than 10 years, previous to that I came during my school years where I completed all my primary and high school education. I have two kids (twins) us citizens (under 21) with congenital deformities and minor developmental delay.

I do have one offense in my background, but I was reading that with one offense with less than a one year sentenced theres a petty offense exception that can be use.

Please let me know if by applying this petty offense exception theres a possibility my removal proceeding could be cancel.  Thank you, Im desperately looking for positive information.

Cancellation of removal requires that you have good moral character and have not been convicted of crimes codified in INA §212(a)(2), §237(a)(2), or §237(a)(3). These statutes contain a laundry list of crimes for which there are some exceptions. We will need to know where the crime occurred, what you were convicted of and when this occurred to see if you are eligible.

Setting Up a J1 Program

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How can an entity apply to become a J1 program sponsor?

Exchange Visitor Program sponsors are comprised of US government, academic, research, and private sector organizations designated as Exchange Visitor Program sponsors by the State Department’s Office of Private Sector Exchange in the Bureau of Educational and Cultural Affairs. Any person or organization that has previous experience in the field of international exchanges and meets certain financial requirements can become a J1 program sponsor

EB1A and EB1B Concurrent Filings

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I’m a researcher currently working in Virginia University.  I have numerous publications and hundreds of citations.  I believe that I’m qualified for EB1-EA.  My boss is also agree to sponsor me through EB1-OR. Can I file both EB1-EA and EB1-OR at the same time?

Yes. Many of our clients opt for filing both petitions simultaneously. Often, one petition will be approved earlier than the other. Moreover, each application may be routed to a different adjudicating officer and if one officer incorrectly denies the first application, the other officer may approve the second application.

Green Card Holder Sponsors Wife’s Adjustment of Status but Dies Before Approval

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My husband was a green card holder filed AOS based on 245(i) for me on April of 2001.  My husband died recently; I went to USCIS office in Houston to ask for an AP to attend husband’s funeral abroad.

I was told that my AOS application was “dead” since the petitioner-my husband, not a USC, died. I was also told to file an I-360 as widower.

Is this the correct route to follow?

No, widow self-petitions are only available for spouses of U.S. Citizens. However, you may be eligible for humanitarian reinstatement of the I-130 which would allow you to continue to pursue the I-485. Please contact our office for further details.

Marriage Green Card for Foreign National Working for US Firm Abroad

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I am an american citizen,I am getting married to a Mexican woman on may 2011. My question is: she works for an American company down in Mexico. after we get married in may she is coming to the US with a work visa, would we have any problems if we put the application for a green card while she is working with a work visa?

There may be some issues with immigrant/nonimmigrant intent depending on the type of work visa she will obtain (TN v H1B or other) but we can help the both of you resolve this issue and any others that may arise.

Six Month Waiting Period Before Fiance Can Remarry

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I had a question about getting a fiance visa. I recently got divorced from my exwife. My ex and I have been separated for quite some, but for financial reasons we just finalized the divorce on August 31st. I live in the state of Oklahoma. I did not realize that in this state there is a six month waiting period after the divorce is granted that they do not allow you to marry someone else. Will this stop me from filing for a finace visa until the six month period is up, since she would not even be here for me to marry until after the six month period was complete or can I go ahead and file it?  My fiance lives in Thailand and yes we have met.

You must be “free to marry” at the time you file the petition so in your case, you will need to wait until the six months are up.

PERM Based EB-2

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I hold MS Finance from USA and have 2 years of work experience from Bangladesh. I am a Bangladeshi passport holder. I have been employed by “A” company as a Consultant and working in the finance industry. My salary is $60,0000 per year.

Am I eligible to apply for Green Card under EB2 category?

You are eligible for EB-2 processing if your job position requires an advanced degree (MS or BA+5) and you hold an advanced degree or a Bachelor’s degree with five years of experience.