Immigration Lawyer Peter Messersmith My fiance is in the US right now with a K1 that I sponsored for her. We decided to get married in France. Can you go to France, get married and then come back with her K1 visa?
No, the K1 visa is a single entry visa. It can only be used once. No. The K-1 is not a multi-entry visa. There other options you can take advantage of. Please contact our office and we can assist you.
I came to the US on a J1 visa. I would like to take a second job. Can I work for an employer that is not my J1 sponsor program?
A J1 visa holder may work for any company in his or her field of expertise provided that the program sponsor provides its consent and meets other requirements.
I’m considering filing a green card through the NIW. What are the minimum requirements to apply for an NIW? To apply for an NIW, do I have to be both an Advanced Degree Professional and Alien of Exceptional Ability?
The national interest waiver is within the EB2 category and must meet the minimum requirements of EB2 which is evidence of an advanced degree or exceptional ability.
My J status expired and I am in the middle of my 30-day grace period staying in the US, can I apply to change to other nonimmigrant status at this stage?
Although I am unaware of any specific statutory authority, USCIS regularly issues approvals for change of status application filed during the J1 grace period.
I’ve attached my CV for you to review to see if I’m qualified for NIW. I have one issue. I don’t really get along with my boss. If my boss is not willing to write a strong letter of recommendation for me, can I still have a successful NIW?
While it is certainly helpful to obtain a letter from your boss certifying that your work is in the national interest and that you are playing an important role, it is not mandatory. In fact, under the NIW category, a job or job offer is not even a requirement. Evidence of your accomplishments in the field and other letters from your peers can be used instead.
How can an entity apply to become a J-1 program sponsor?
In order to become a J1 program sponsor, an organization must file an application with the US Department of State to become certified. Once certified, they may issue Form DS-2019 and sponsor foreign nationals for J1 visas. For more information about how to become a J-1 program sponsor, please contact us at 305-515-0613 or email us at info@messersmithlaw.com
I’m a researcher currently working at Yale. 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 who qualify under two or more categories, choose to make multiple filings. There is no limit on the number of I-140 applications you can make. However, there are important difference in EB1A and EB1B. You may be able to establish one but not the other. Please send us a copy of your CV and we can help you make the correct choice.
My husband was a green card holder filed AOS based on 245(i) for me on April of 2001. My husband died recently and 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 denied 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 US citizens. We may be able to get your I-130 reinstated and appeal the adjustment denial. If you need our assistance, please feel free to call our office at 305-515-0613 or email us at info@messersmithlaw.com.
I work for a company that has an office in Chicago — our main office is in Athens. They want to transfer me to our Chicago office but I wonder if it will be possible! The main company is profitable but the Chicago branch is losing money! Will it be possible?
Profitability is certainly one factor to determine not only the personnel needs of the branch but also the company’s ability to pay your wages. In many cases, foreign company’s with US branches will assign US based profits overseas to avoid taxes. We must take into account the totality of the circumstances and look at other positive factors that will support your application. We’ve handled many similar L1 visa applications and have been able to secure the visas. It can be dealt with and approved.
My L1A visa application was just approved and I need to go to the US Embassy in London to get the visa stamp. The issue for me is that my wife and I have a common law marriage so we don’t have a marriage license or certificate. How do we show that we are married?
While immigration law does recognize common law marriages, I’m not sure how you would document that you qualify. The easiest solution to your problem would be to go get a marriage certificate. Then you can produce that at the interview.