Marriage Green Card and Possible Illegal Entry

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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

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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

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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

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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

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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

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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.

Master’s Degree from Unaccredited University

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I want to apply for the EB2 visa. I have a Masters degree in Mechanical Engineering and two years or work experience. Can I qualify? My company is willing to sponsor. I think you should know that my school is not accredited but is licensed by the state.

The fact that the school is not accredited could be a fatal flaw unless we can establish that the credits are acceptable to transfer to an accredited University or that your transcript could be evaluated as similar to a US degree based on your education and experience.

From R1 Visa to Green Card

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I’m a monk at a Buddhist temple in the US on a R1 visa. I’m looking for help with my green card. I am on my 4th year with the R1 visa and I know I am going to hit my 5 year maximum soon. Can I apply for the green card? What if my R1 expires before the green card is approved?

The fact that your R1 is expiring will not affect your green card petition. However, you should be aware that once your R1 expires, you will not have any nonimmigrant status while your green card is pending. You will not be able to work after your R1 visa expires unless you obtain an EAD and if your green card is denied for any reason, you will unlawfully present in the US and subject to removal.

We have handled many green card applications for clients whose nonimmigrant status has expired and so long as we thoroughly review your file and are confident that your green card will be approved, then it is ok to file even if your R1 visa will expire before the green card can be approved.

Nonimmigrant Employment While EAD Application is Pending

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Right now I am working with a L1A visa status and my company wishes to apply my green card. I know I can get the EAD but and thinking I can work with my L1A until the green card is approved. Is this ok? Also, can you help me with the green card? My company and me are not happy with our previous immigration lawyer.

Yes, you can continue to work on your L1A as long as it is valid and you can even extend the L1A visa status while the green card application is pending. It is actually a good idea not to get the EAD card. If you use the EAD card to work for someone that is not your L1 visa sponsor then you will violate your L1 visa status and if your green card application is denied then you will be out of status. Unless there is a particular reason you need the EAD such as in cases where the L1 visa is expiring you do not wish to extend or don’t qualify for an extension, then you can avoid applying for it.

We’ll be happy to assist you with your application. In the past 12 months, we have been securing many EB1 green card approvals in 2 months or less through regular processing (no extra premium fee required) and should be able to help you. Please send us a copy of your resume and details regarding your company