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.

Change of Status Application Denied; How Long to Leave the Country

by

I was an Au Pair, so I came to US with a J1 Visa. After two years I decided to change my status.

I wanted to get the F1 Visa, but it was denied. They sent me a letter saying that I have 30 days to leave the country, but I’ve asked to a lawyer and he said I actually have 180 days to leave without violating the law. I am very confused and I need an ansewr soon.

The notice from immigration properly states how long you may legally remain in the US after your change of status application is denied. Any time spent in the US after that point is illegal and will have a negative impact on any future visa applications made at an Embassy abroad. The 180 day figure provided by another lawyer likely refers to the 3/10 year bar. Any foreign national who accrues 180 days of unlawful presence in the US is barred from re-entering the country, after leaving, for 3 years unless they can obtain a waiver of inadmissibility.

I-485 Denied Due to Missed Biometrics Appointment

by

we were denied status adjustment and legal residence and travel (my wife) and they have told her she has 30 days to leave the country. we filed all paperwork and they said they sent us letters asking for additional information which we never got the first one. We then got a second letter we went into the office and spoke to them about the letter that we were told they sent and they said they had no such record of any letter being sent. Not to worry it was probably just the biometrics date. We now have received a letter stating denial and don’t know what to do. Please tell me how much it would be to file motions or appeals to reverse the decision on this. we have all documents needed and can provide any additional info required wanted needed or whatever. 

Assuming that you provided USCIS with your correct address and/or properly updated your address with USCIS, we can file a motion to reopen and get your filing back on track. Otherwise, you may have to refile your applications. It is very important to take care of this as soon as possible as there is typically a 30 day filing deadline for a motion to reopen and if you need to refile, it should be done before removal (deportation) proceedings are initiated.

Physician J1 Waiver Job While Applicant is Outside of the US

by

I am a physician intraining Board certified from the US.

I will be finishing my training in New York city, and will be living in Canada for family reasons.

My 2 years home residency are in my country of last permanent residency which is Lebanon and not Canada.

Can I apply for a J1 waiver job through your office despite the fact that my J1 status expired and I didnt fullfill my 2 years home residency? and I am living in Canada and not the USA? or the only way to apply for a J1 waiver is if the J1 visa is still valid and I am still physically present in the USA and still didnt finish my training in the US??

Knowing that I finished my internal medicine training and am already Board certified.

Thank you

You do not need to be present in the US to apply for a J1 waiver. As long as you obtain a full time job offer to work in an underserved (HPSA/MUA) area, we can help you. Once the waiver is approved, you will need to enter on an H1B visa to begin work for the following three years.

Marriage Green Card and Possible Illegal Entry

by

I have been dating this guy for a time and we wish to marry at the end year but he is not from the USA.

 I have been reading many things he is here but has no visa or green card we would like to know what to do to obtain one without him having to leave

If your future husband entered the country legally – with a visa, through the visa waiver program or even with a false passport – we can help him obtain a green card in the US. This is a general rule as there are some exceptions. If he did not enter legally then he will likely need to apply for an immigrant visa (green card) and a waiver of inadmissibility and ask immigration to forgive his illegal entry and other immigration violations. Please contact our office to discuss things further.

J1 Waiver; I94 Expired

by

Hello, my name is [REDACTED]. I am a citizen of Kyrgyzstan and am married to a US citizen (6 years). I originally came to US on a J1 visa, then after leaving for 6 months entered on F1 visa. Since we got married we have tried everything to change my status to resident but have encountered 212e in all directions. 

I did not realize but in the mean time by I94 has expired (by a lot) and now I have actually been able to get a hold of someone at the embassy that is willing to provide No Objection statement for my 212e waiver application. I need to know if I have any options other than return to Kyrgyzstan because of my overstay and never be able to enter US again. Have you dealt with cases like this before? 

I do not live in Chicago, so I also need to know if you provide services to residents of other states. 

A no objection based waiver is almost always the easiest, especially where the Embassy has indicated that they will issue a no objection statement. If the Embassy will not issue the no objection statement or if you are not eligible for a no objection based waiver for some other reason, such as government funding or graduate medical training, then you may be able to obtain a hardship based waiver or even a persecution based waiver. We will need more information before we can adequately advise you.

H-2B Visa – Potential Employee Is Not From an Approved Country

by

Hello There,

A warm Namaste to you from Nepal. I went through your website but couldn’t see Nepal in between the limited list of countries for H2A program. However, i know some agencies back in Nepal who are doing something in this scheme.

I would like to put my query as a newbie to this scheme whether it could be done for countries like Nepal too or not?

It is for sure that the market for this scheme in Nepal is very huge since its not hidden Nepal is regarded as the land of agriculture too.

Please show me some way in this regard. If it is possible, we can work hand in hand in this project.

Effective Jan. 18, 2011, nationals from the following countries are eligible to participate in the H-2A and H-2B programs:  Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu.  Of these countries, the following were designated for the first time this year:  Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

A national from a country not on the list may only be the beneficiary of an approved H-2B petition if the Secretary of Homeland Security determines that it is in the U.S. interest for that alien to be the beneficiary of such a petition.

Change to Nonimmigrant Status Before Green Card Expires

by

my green card will be expired in feb 2013 , buit right now i m working for multinational company as business developer , I m textile engineer ..

is there any possibilty to have work visa or change of status before my greeen card expire

The expiration date on your green card does not mean that you permanent residency will expire, unless you mean that you hold a conditional green card typically obtained via marriage or through the immigrant investor EB-5 program. You cannot change your status from immigrant to a nonimmigrant status. You can have a company sponsor you for a work visa but you would have to apply for the visa at an Embassy abroad. A better alternative may be to apply for your permanent green card. Contact our office for further details and to see if you are eligible.

Physician NIW – HPSA/MUA Employment

by

Hello, I would like to know how long after signing a contract you can file the NIW application. I am finishing my 3 year J1 waiver, and will transfer jobs to another MUA/HPSA location, but I hear you couldn’t file before 6 months of the contract date. Is that period related to the original 3y contract for the waiver or the second one?

Also, can I start working with you on the application before I secure the contract?

Filing the NIW can begin before securing the employment contract but you will not be able to gain State support until you do so. State support of the waiver is mandatory before you can secure the waiver. Filing deadline with the State varies from state to state. We can start on your application now and ensure that your file is properly prepared when the application window opens.

H1C Visa

by

My brother an experienced registered nurse from Iran, getting his p.H.D. in business administration in Malaysia is interested in migrating to the U.S.A. I came across the H1C visa and your firm, I would like to get some info and if it is possible get the case going.

Unfortunately, the H1C visa classification expired on December 20, 2009 and has not been renewed by Congress. We expect this category to be extended but in the meantime, your brother may be able to obtain an H1B visa as a nurse if he is able to work as a specialty nurse or in an administrative capacity.