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.

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.

New NIW Petition After a Recent Denial

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I’m considering to hire a lawyer for green card application. I applied green card under the NIW category before, however was rejected a year ago. I’m currently under H1b visa, my position will end in a month. I havn’t found another job yet. I attatched my CV here and would like to know if my case stands a chance. Thanks!

Deciding when to file an NIW petition is very important because any denials will follow you when you make a new application. On each application, you must disclose previous denials and the adjudications officer will pull your old file to see why it was denied and you the reasons for the last denial against you. At this point, I would recommend filing a new NIW only if you are able to overcome the reason why the last application was denied. We have handled many second filings with success but we will have to carefully review your accomplishments and the previous denial decision.

No COS/EOS Notation on I-94

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Hello, we are a couple from Europe, Lithuania, we are 48 years old. We had a B1, B2 Visa for ten years. The last time we came to America, August 24.2010. Visa is valid until August 25 , 2010. We received a migration authorization (Form I-94) until November 15, 2010, with the words: “Stay Limited No EOS / COS. In November 2009, we asked the Migration extend our presence in United States. The first received a letter from the migration of the month, it was the standard migration Letter saying that our request is registered and received a fee. A second letter received from the migration in February 2011 with additional questions – Why do we require an extension. Responded to questions until March 7, 2011. And March 30, 2011 we received last migration letter stating that our request is denied.
We still have not left the country, we want to find a migration lawyer who could help us. We very much want to stay in this country, and to have legal status ….. Do we still have possibilities if you can help us??? Do we have the chance to obtain legal status, or to sponsor – the employer’s green card??? How much could it cost if we have another opportunity for legal status of any??? Are we still in force 180 days?
Looking forward to any response from you. Thank you for your time prevented. I hope for your help.
With respect.
I sincerely thank you.

A CBP “No EOS/COS/AOS” notation is not binding on USCIS and you can still obtain an extension from USCIS. That being said, your case has already been denied and it looks like the 30 day window to file a motion to reopen/reconsider has passed so you will most likely need to leave the country. We can help you obtain new visas at the Embassy to study or work here. You may have some other options so please contact our office for more information and be aware that the 3 year bar kicks in when you are out of status for 180 days.

Visa Waiver (VWP) Overstay

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Hello, I came from France and I overstay my waiver visa. Now I want to file a (I-601 and I-212) without leaving the country is that possible? I still have 2 more years to go before I become a chemical engineer

Visa Waiver entrants are barred from changing their status or applying for residency (green card) in the US unless their green card sponsor is an immediate relative such as a spouse AND they apply while their I-94W is still valid (with some exceptions). We’ll need to review your specific case in further details before we can help you.

H1B Husband Doesn’t Want H4 Wife to Take Kids to India

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I am H1B working fulltime for one IT company. I have two kids One Daughter (7th Grade) and Son(Kindergarden).My wife wants to go back to india along with kids for which I am not interested due to career growth of my elder child. my question, Can I stop legally my kids go back to india. I am not bothered about my wife. Let her go toinida.

This isn’t really an immigration issue, it is more of a family law issue. In order to prevent your wife from taking the kids to India, assuming you are located in Illinois, you’ll need to petition the Circuit Court for custody of the children. Then you will have authority over where they will reside.

PERM Application Where Applicant’s Experience Was Obtained From Sponsoring Employer

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I am currently working with an employer in the US on H1b. I have been working in datawarehousing field for the past almost 5 years. Prior to the US, I had 4 years, 5 months experience in the same field before moving to the US.

Now, for EB2 category, I am waiting for my 5 years completion time. Once that is done, I want to apply for a green card with my employer. I wanted to know one thing though, will my experience with my current employer in the US be considered or not? Since the experience has been in Datawarehousing throughout these years, it shouldn’t be a problem, right?

I have heard though, that the current employer experience is not considered. Is that true?

Apart from that, I would require the details and fee involved in the whole process and time frame for EB2.

Experience gained from the sponsoring employer cannot be used unless the job was not substantially comparable to the job offer. Therefore, it is possible to use the experience as we have successfully dealt with this issue before. Current PERM processing times are about two months and EB-2 processing is about 3-5 months.