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The Messersmith Law Firm, P.C.
230 E Ohio Street · Suite 208 · Chicago, IL 60611
Tel: (312) 751-9960 · Fax: (312) 751-9970 ·
info@messersmithlaw.com

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  1. Written by Tisha
    on May 22, 2009 at 1:24 pm
    Permalink

    hi just a question, If I were in the process of waiting for the interview phase in an EB3 application, can I still apply for the H1B visa or would there be conflict? this retrogression takes approval for a visa too long can I use the H1b visa to get employed in the US immediately?

  2. Written by Peter Messersmith
    on June 8, 2009 at 10:02 pm
    Permalink

    Hi Tisha,

    It is common for foreign nationals to hold a nonimmigrant status such as H-1B while their I-485 is pending. As long as you can meet the visa conditions, you may qualify.

  3. Written by Raj
    on September 12, 2009 at 7:00 pm
    Permalink

    Dear Sir,

    I came to USA on J1 visa, I am in India and want to apply for J1 Waiver.

    All the websites have information of waiver process from USA but I want to know the correct process to obtain waiver from India.

  4. Written by Alex
    on April 23, 2010 at 6:34 am
    Permalink

    Dear Mr. Messersmith,

    I am from Ukraine and I did my PhD in the US in Physics. I have about 25 publications in top rated journals, however I do not have 40 citations ( I am not the type who cites himself unnecessarily to get the number up). I am currently a Postdoc , still in the US, on H1B.
    I would like to know which category would be best for me to obtain a green card? EB1 or NIW?

    Thank you in advance,

    Alex

  5. Written by Gabbey Czappa
    on July 5, 2010 at 6:42 am
    Permalink

    I am from Ukraine and I did my PhD in the US in Physics. I have about 25 publications in top rated journals, however I do not have 40 citations ( I am not the type who cites himself unnecessarily to get the number up). I am currently a Postdoc , still in the US, on H1B.I would like to know which category would be best for me to obtain a green card? EB1 or NIW?
    +1

  6. Written by Aries
    on July 29, 2010 at 10:11 pm
    Permalink

    My parents are permanent residents and they petitioned me when I was single. I am now married, will that invalidate my petition? I recently received the documents and the next step is to pay fees. Should I even bother?

  7. Written by Dan
    on April 20, 2011 at 12:57 am
    Permalink

    Thank you for your very informative blog. What about an international student who comes to the U.S. to study for an academic year at a public high school, say for the junior year, and then wants to attend a private high school (“academy”) the next year, then attend college/university after that? Is the U.S. government inclined to issue visas for study after that one year of public high school?

  8. Written by v.t.
    on September 3, 2011 at 4:22 pm
    Permalink

    Dear sir do you have advice on following:
    should the not fully legal employment(no pay slips unfortunately) be put in application for student visa and in the application for school(for i20) perhaps it does not matter(no risk of misrepresentation) if ownership of appartment, funds, and family are enough for establishing residence?(job would be terminated anyway when the actual application for visa will be made because only ending of the program takes place in US part of the school)
    Or maybe leave out in both but than risk not being accepted to school

  9. Written by Ray
    on October 5, 2011 at 10:04 am
    Permalink

    Hi,
    I have my brother and sisters who currently applied for asylum in the USA but my question is this: Can they include me as one of them even if i have more than 21 years? Thanks for your response and looking forward to hear from you.

  10. Written by Denise
    on October 19, 2011 at 6:22 am
    Permalink

    Hi I’m inadmissible due to 212a6Ci. I have two kids that were born in USA and ask me to visit the country all the time.
    I was married to an american guy for 8 months and applied to the green card. When i separate i just came back with my kids and never got a law divorce or finish the green card application. 4 years have passed and i tried to get the tourist visa to take the kids… What should i do? Is there a way?

  11. Written by PAVEL
    on February 26, 2012 at 7:39 am
    Permalink

    Hello

    First I want to introduce myself …

    I’m Paul from Bulgaria.

    I am thirty years old .
    I am a former graduate, Bulgaria, ie, round orphan.
    I have not tried and I am a clean sheet !

    I have problems in Europe and I have no rights !

    My problem is, I explain;

    In Bulgaria, I was attacked because I am involved in gay porn movies.

    I am with orientation, bisexual.

    Social my situation is very difficult.

    In Europe I am isolated and deprived of rights!

    I do not want to go a bad road, to become a criminal and want to live normally.

    I would want to give up on European citizenship!

    I do not want to live in Europe …

    So, please help from America and Canada!

    I look and I hope for your help ..

    My other broblem is in London.

    To find out, please visit them the following links

    http://httpfacebookcomactor1981.blogspot.com

    http://profile.live.com/cid-652b5464e0cf9b93/

  12. Written by Valdirene Ferraz
    on April 25, 2012 at 6:21 pm
    Permalink

    Hi,
    My husband andI lived in the USA from 1998 to 2000 and we had a son there,but we got in the country as tourists.We came back to Brazil by our own will and while we stayed in the USA we never had problems with the law, including immigration.In January 2007 we both came back as tourists and we spent about two weeks.Then in June 2007 we got a new tourists visa without any problem.Last year we got a visa for our brazilian son who was 5 at that time.Our son who was born in the USA took a second american passport. Until this point we had no problem . We went to Disney all together in June 2011
    and we were stopped by immigration. They wanted to know how we had an American son . At first we tried to say that we were not illegal when we had him, but at the end we admitted our condition at time and we also said that we worked illigally during this period. After spending almost three hours talking to them they said we were free to go. They would let us come in, in the USA, that time,but we should not come back another time.One of the officers said the only way we had to get permiission to go to the USA it was by means of our son who could come to live in the USA when he turned 18 and this way require a visa for us.They didn’t take our visa neither deported us. We spent three weeks there amd it was great.This despite the things immigration said we tried to renew our visa in April 2012 and guess what? It was denied and the worst part: they accused us of fraud according to law of section 212(a)(6)(C)(i).Reading about it I’m truly shocked because we admitted our fauts I never did fraud to get a visa and they let us to get in the country . I’m very confused. Is that possible to revert this situation?And above of all why do you let someone to get in in your country even when you accuse him/her of fraud an unforgiven crime? This is driving me crazy. Please help me to understand that.We just want a tourist visa.
    Thank you,
    Valdirene.

  13. Written by Saurav
    on June 4, 2012 at 2:38 pm
    Permalink

    I am currently in US on H1 Extension Visa valid till May-2013. I have already stayed in US earlier for 3 different assignments accumulating for over 62 mths (9+28+25) total and filed for extension for 4 times on same H1-B. To explain my situation and question let me provide few details below:
    Aug-2004 till Apr 2005 – 1st assignment in US (9 mths)
    – Out of US for 13 months (May 2005 – May 2006)
    Jun-2006 till Sep 2008 – 2nd assignment in US (28 mths)
    – Out of US for 14 months (Oct 2008 – Oct 2009)
    Nov-2009 till Dec 2011 – 3rd assignment in US (25 months)
    – Out of US for 4 months (Jan 2012 – Apr 2012)
    May-2012 till date – 4th assignment in US (2 months so far)

    Can I file for my H1-B Extension again beyond May 2013? Or do I need to file for I-140 or green card if I intend to work in US beyond currrent expiry after May 2013?

  14. Written by stanley Arthur
    on June 22, 2012 at 9:18 pm
    Permalink

    Dear sir do you have advice on following:
    I am a journalist from Ghana, and i came to the U.S 5 months ago on a one year I visa and at the port of entry I was give D/S ( duration of stay) on my I-94. I was a full time employee for my t.v station back home and after 3 months of working for them here i received a mail from them indicating that, because of the current situation back home with the Government they are laying some staffs off, and with my situation they can no longer pay for expenses as full time employee but will rather want my services as stranger for them, and get pay for each story i file for them her. this situation is making live here uncomfortable here. I was looking at my options either to go back home or to stay here and look for a new job. with these two situation 1) if i go home i do not have a grantee job now and i have to start all over again, and 2) if i stay here too i do not have a permit to work even though i have a social security card with DHS restrictions on it. I was wonder if i can apply for a work authorization with this condition so that i will be able to look for a new job here or change my visa statue if that is possible so that i can get work permit visa which will enable me to practice my profession here as a journalist. I will be much grateful if you can advise me on this.

  15. Written by Emelio D. Canillo
    on October 13, 2012 at 1:01 am
    Permalink

    Dear Sir,
    Good Day, I am eligible to apply for a waiver of the ground of ineligibility. Section 212(a)(2A) (I)(I) of the immigration and nationality act this is the cause my U.S. VISA is pending here in U.S. embassy Manila, Philippines. If you can assist me to apply for a waiver of the ground. The nature of offense was failure to notify U.S. Coast Guard Inspector of false & fraudulent Document which I have paid in full already. The documents of my arrest and payment was already submitted to U.S. embassy Manila, Philippines and the u.s. consul requires me to submit a waiver for the ground. Let me know if I can be issued a u.s.visa

  16. Written by mahdi
    on October 24, 2012 at 2:47 pm
    Permalink

    hi

    thank you very much ,i don’t khnow any americain women and i don’t have any relationships with any americain women or US citizen , in this situation how can you help me?

    Mahdi

  17. Written by Hanan ibrahim
    on November 13, 2012 at 9:44 am
    Permalink

    I am US trained physician who was on a J 1 visa , I Left the US 6 yrs ago , practicing in UAE , which is not my country of origin, Am I supposed to go back to Syria( my country of origin) for 2 yrs? To waive the J 1, even though the situation is risky and unstable
    Thanks

  18. Written by SRER
    on February 10, 2013 at 10:23 pm
    Permalink

    I came as a tourist but stayed back as I was offered a job as a Nanny,for 2kids .. since I needed the money for my son’s education in India. But I am not getting paid enough. That is I am getting only 750$ per month with food and a room.

    Sir I would be going back home for a home, but before I leave I would like to request you , with folded hands, can you get me a Nanny job in USA. I am 9months experience with a special child and a normal child.
    I work for 14 hours. I also cook, do laundry n all odd jobs. They are very kind to me but sir I work for 7days in a week without a Break.
    So I as requesting if you could you arrange a Live in Nanny job for me. I am very hardworking, sincere, loving lady. I love kids.
    Because physically I get tired. I cannot work anymore as a Multi Task Laborer, though I love all 4 members, I need to leave this job sir. I get so tired at Times, I that I just can’t work at Times, but I have to.
    I can be a Cook or be a Nanny. I can give you references , and background check, please sir once you confirmed I am able to come back for the job. As I would be going home very soon.

    I am 47 years , I have 2 children back home. I just need to work n earn money n go back home after a year for a Break to visit my family. N come back to USA to work again.
    I know I didn’t do the right thing to write or stay back in USA but sir I need the job, so please help me, I am begging you with folded hands, I won’t disappoint you.
    Waiting for your reply patiently,

    Sincerely,

    SRER
    10th Feb, 2013
    Be Blessed Sir

  19. Written by SRER
    on February 11, 2013 at 9:01 pm
    Permalink

    Hi can I get the reply to my mail please

  20. Written by manjeet
    on September 24, 2013 at 3:30 am
    Permalink

    dear sir,

    i am indian.i have two kids. one is studing in canada and another is staying with us.i want know that if i will apply for asylum in usa ,will it efect on my son’s pr in canada.i am a political person. if it will not effect on my son’s pr then i want to contact you.

  21. Written by Asha
    on November 10, 2013 at 10:58 pm
    Permalink

    Hello sir,

    I have a sister who is working in UK and living there since 8 years. Now, they have not been renewed visa and they have taken it to court. She holds an Indian Passport. Is it possible to get a h1b visa for her.

  22. Written by Johnny Gurkha
    on February 10, 2014 at 1:59 am
    Permalink

    I have a couple of companies willing to offer me employment and write the required offer of employment letter. I have a 4 year bachelor degree in computer science from a US college. However, I ended up accruing overstay while waiting for change of status from F1(OPT) to H1 (small company lawyer sent the application after my status had expired). So although my H1 petition was approved, I wasn’t given AOS and later was handed a reentry bar.

    So, subsequently I applied for a waiver and have been going back to US as a visitor for the last couple of years. Every time I cross I show them the waiver and recently they haven’t been grilling as much (still secondary inspection) but in August I’d to go to NYC for a meeting and they really grilled me at the airport for not having a letter from my Employer for the meeting etc. Understandably, they’re wary of previous status violators. It’s irrelevant whether it was on purpose or due to ignorance.

    My questions is when I apply for TN status at the border, with waiver in hand, could I be denied entry because of my previous overstay with everything else being in order? Also, with a CS degree could I quality under Software Engineer (a border agent might not see things the way we do). Would I be grilled on specifics of the job if I enter as System Analyst (I’ve heard this one leads to lots of questions).

  23. Written by miriam
    on October 13, 2014 at 9:52 pm
    Permalink

    Hi, I would like the help of anyone on this case, this case isn’t actually about me but of my sister in law. A year ago she was going to get her residence but something happened at that moment that my brother couldn’t assist to the interview. My brother and her have been married for about 8 years now. My brother left out of the state and he is not planning to come back in which she can not get her papers by their marriage. Around 3 months ago she submitted a vawa petition saying she does not have any contact with him she even put a restraining order on him. He has never abused her in any way not mentally nor physically, she has a kinds of contact with himand she did not even tell him what she was doing to get her papers. Basically she is committing immigration fraud I would like to know if anyone has any opinions or what can i do to help him out of this.

  24. Written by Mona
    on March 29, 2015 at 10:29 pm
    Permalink

    Hi i am Mona. I have couple of questions about EB2 Eligibility. I have 4 year bachelors degree in Audiology Speech Language Pathology from India (2002-2006) & 2 year Masters in Audiology Speech Language Pathology from India (2006-2008) and 4 years of experience in India (2008-2012). I started working here from 2012 till date my job requirement is Masters am i eligible for Eb2?

    My employer wants to file my Green card under Eb3 category i don’t know why? He says my bachelors is a 3 year degree and one year Internship can’t be counted as 4 year degree. But i completed my degree in 4 years 2002-2006 Osmania University awarded my degree in 2006 after completing my internship. Audiology Speech Language Pathology (ASLP) degree is a 4 year’s bachelors degree not 3+1 i don’t know why he is saying its a 3 year degree plus one year internship. I have done my credential evaluation before moving to USA the evaluation agencies evaluated my degree as equivalent to US Bachelors and Masters but my HR says (Mona please understand that a credential evaluation report does not determine EB2 vs. EB3 category. Yes you are equivalent to work as an SLP but for the Green Card process they review it differently) why my HR is dragging me to file for Eb3. He says he spoke to Attorney and said its a waste of money and time if we file my GC under EB2 and attorney recommended to file my GC under EB3. He also said if i insist to file my GC under EB2 then they will file but the chances for denial are more. What should i do now how to ask to file GC in EB2. What are my chances Please help me.

  25. Written by Ravi
    on November 15, 2015 at 2:00 am
    Permalink

    am 35 years old, am from India and I belong to Scheduled caste (a creed/group in Hindu community, considered to be lower grade) and I have been in love with a Girl who belongs to Brahmin family for the past 15 years whom i met in college when i was 20.

    We are in relationship for the past 15 years but her parents are not ready to agree for our marriage. My Girlfriend family is an orthodox family, they give more importance to their status and caste more than than their own daughter’s life. They have been blackmailing her they would end lives if we get married.

    She wants to get married with her parents consent so that they do not feel bad and let down.

    We have been waiting for their approval for the past 5 years but still there is no hope.

    We are staying with our own families and not am not sure if we get chance to lead our life together at least in this life.

    There seems to be no hope but still waiting..not sure how long have to wait.

    One thing i understood is that we can’t get married if we stay in india.

    So am writing to you to know if you could give any sort of advice and help.

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