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.

J1 Visa Travel Issues When the Two Year Rule Applies

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Hi sir,

I am from Saudi Arabia, i have J-1 Visa for me & J-2 for my family, (scanned copy attached) 

We are now in USA, my DS-2019 will expire on 08-31-2010 & our J Visa on 09-30-2010.

In our Visa written, INA SEC 212E – TOW YEAR RULE – APPLIES.

I understand that I cannot re-enter USA with another J Visa less than 2 years.

By next September 2010 I have admission to postgraduate program (3 years) in another dental school and I will get I-20.

I plane to go to my country (Saudi Arabia) on July 2010 for one month and I will be back before expiration date of J-1 visa

to finish my scholar program, then to start my new postgraduate program on Sep,

My question, should I apply to F-1 visa during my one month vacation on SA, and is one month enough for the Visa processing, because they are strict on program start date

Or is it ok to re-enter USA with my valid J-1 Visa which expire in 09-30-2010

Would you please guide me in this issue?

Thank you,

The two year rule only restricts you from obtaining an H visa, L visa, a green card or changing/extending your status in the US. It does not prevent you from obtaining a new J1 or F1 at the Embassy nor does It prevent you from entering the country in J1 status.

From L1B Visa to H1B Visa

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I am currently on L1B visa and it expires in September 2012. I want to apply for H1B visa.

My qualifications:

Bachlors Degree: Computer Science

IT experience: 4 years. (in consulting)

Current Location: Los Angeles(CA)

Questions:

1. What are the chances of getting H1B visa?

2. How can your firm help me out in getting this visa?

3. Along with visa do you also provide job?

You are certainly qualified for an H1B visa. You will just need an employer to offer you a proper position and agree to sponsor you. We do assist in finding H1B sponsors as well as process the visa paperwork. There is a six year limit for people in H1B and L1 visa status so depending on how long you have been in L visa status, you may not be eligible for a full three year H1B. Please contact our office for more information.

Green Card Holder Wants to Bring His Wife to the US

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I need to bring my wife to USA to live with me. I have a good job and don’t need her to work so is it possible for her to live here on some some form of visa, such as H4 visa? I understand there it is a wait time of 4 years for spouses of permanent residents. She lives in Ukraine. Please help. thank you.

Your wife would only be able to come as a nonimmigrant dependent (J2, F2, H4, etc) if you held the corresponding primary visa (J1, F1, H1B). As a permanent residency, you would be able to sponsor her through the F2A immigrant visa category and the current processing times are about three years. If you would like to bring her here faster, you may be able to bring her here on student visa (F or J) or a work visa such as (H1B, O1 or L1). There may be other options specific for you so please contact our office for more information.

Nurse Green Card Options for a BSN Holder

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I am a registered nurse about to get my BSN this August 2010. I am really concerned about the retrogression and would like to know the steps i need to take to find a sponsor for green card. Thanks

There is still a special category for nurses (Schedule A) which allows a company to sponsor you for a green card without having to undergo labor certification (PERM). However, it is no longer fast tracked and processing times are currently about five years so you will need to maintain your nonimmigrant status if you wish to remain in the US while the green card application is pending. Since you have a BSN, you may qualify for an H1B visa depending on the type of nursing position you are able to find.

J1 Visa holder Wishes to Change Status to J2 Visa

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Me and my wife were hired to work in the US as teachers for 3 years, each one with its own J1 Visa, however she was diagnosed with breast cancer 6 months later (march 2011) we have seen that we will have to stay to finish the threatment but my our salaries as teachers won`t be enough to survive, I want to quit my J1 visa and become her dependant with J2 visa and ask a work permit, so I search a work with my MBA and get more money to overcome this situation. Is this possible? Is it too risky? Are we allowed to do it? Can you help us? Please let me know and I deeply apprecciate your time

Yes, we can help you obtain J2 visa status or even apply for a work visa such as an H1B visa provided that you are not subject to the two year home residency requirement. It is not risky to change to J2 visa status and as a J2 visa holder you would be able to obtain an EAD which would authorize you to work for any US employer in any capacity.

J1 Visa – Change of Status

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I had a F1 visa for 5 years, before it expired I obtained a J1 in another passport from my country because my mother institution required me so before starting the other program I am in now. I want to change my visa to F1 so I can change my status to a work visa or residency without leaving the States for 2 years. How can I get that?

If you are subject to the two year home residency requirement then you are barred from obtaining a change of status in the US. We will need to review your immigration documents in order to make that determination. If you are subject, then you will need to leave the US and apply for an F1 visa at an Embassy abroad.

Help with Finding a Visa Sponsor

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I was wondering if you can in any was assist. Here is the situation: I have a cousin that is visiting from mexico and has a Medical degree back in her country. We are aware of the steps that she must take in order to practice medicinde in the U.S. However, she was wondering where or if she can find an employer that can sponsor her in the meantime. I don’t know how to help her, so if you can help out I would appretiate it very much. 

Yes, we can help her find a company to sponsor your cousin for a work visa. She may be eligible for a TN or H1B visa but she would not be able to work as a physician until she is licensed.

E2 Visa for a Canadian Citizen

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Can a Canadian get a green card with 30000$? I heard I can invest 30000$ in a business and get a green card – is this correct?

I have a bachelor’s degree in commerce. Please let me know what is involved legally  

Thanks

No, you cannot obtain an investment based green card with a $30,000 investment. You would need to invest a minimum of $500,000. However, it may be sufficient for an E2 investor visa but $30,000 is still a little low for that. While the law does not list a minimum investment amount, the smallest investment that our firm has received an approval for is about $50,000. The State Department recognizes that the cost to establish a service based business is low and that they will look at the “amount necessary to establish a viable enterprise.”

From J1 visa to Green Card

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I’d like to know if I can change my status in USA. I’ve a J1 visa and I’d like to have the pemanent one. What Can I do?

Unless you are subject to INA Section 212(E) and require a J1 waiver, you are eligible to apply for a green card through the normal immigrant categories which include all forms of family and employment based sponsorship.

Embassy Determination of Inadmissibility – Misrepresentation – 212(a)(6)(C)

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My name is [REDACTED] from [REDACTED]I was last year in [REDACTED] worked like cahier in one company,it was student program. I applied this year for the same situation,but something horrible happend. My friend from my college given me a just one fake paper from university all another papers were regular,I didnt know it was fake cause I already were in USA and I back on the time when my visa issued and everthing was ok. But now consular give me a section 212a6CI ..I wann try everthing to sai thats not my fault and I never couldnt do that cause I already know all rules in ambasy and I never do that to myself with a fake paper cause I know what that mean. Can u please give me some information about this case. Im ready to pay any good advocate for this. And is possible if I marry for american citizen who is really my boyfriend almoust 2 years,this section can be deleted ?

What do you mean, “one fake paper?” Do you mean that you were using a false I-20 to attend school or that you took one false page of the I-20 packet to the Embassy for visa stamping? If you were truly eligible for the F1 visa and the sole issue was for one false page of your I-20 packet, then we can likely get the inadmissibility determination removed from your record. You will need to send us copies of all of your documents for us to see if we can help.