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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105582
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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In regards XXXXX XXXXXon VISAs Question I need step by step

Customer Question

In regards XXXXX XXXXX VISAs
Question I need step by step directions on to Whom and what documents need to be filed for RVISAs.
We are from Texas and need to bring workers from Mexico.
Submitted: 7 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 years ago.

With the economy the way it is and with so many U.S. workers looking for jobs, bringing in foreign labor will probably not be approved, but you can certainly try. If there is a shortage in your area of U.S. workers for those positions, then you may have to prove that, but here are two links from an official U.S. government site that should answer all your questions:

 

http://travel.state.gov/visa/immigrants/types/types_1324.html

 

http://travel.state.gov/visa/temp/types/types_1272.html

 

If you have any follow-up questions, please let me know.

Customer: replied 7 years ago.

 

I appreciate you quick responses but I was needing to know little more specific. I have researched all these sites but I needed a little more step by step direction. For example do I need to file with DOL or directly with U.S.C.I.S

Expert:  Guillermo J. Senmartin, Esq. replied 7 years ago.
If they are outside, then you would file with the U.S. Embassy or U.S. Consulate where they live. If they are inside the U.S. (and not illegal or out of status), you would file with USCIS.
Customer: replied 7 years ago.

 

Ok so Like I said I have reviewed the web sites you suggected but I was confused about this part ...."A petition for a person who is not a minister may only be filed until October 1, 2000, and any immigrant visa issued to such person shall not be valid beyond October 1, 2000. After the petition is approved by the USCIS, the applicant will be sent instructions on how to apply for a fourth preference special immigrant visa for religious workers".I am filing this in behailf of a pastor that wants to bring a reiligion worker. So I'm so confused I want to help this church out. soo Let see I know how to file the I129 because I file it for H2a workers. So I just am confused about the part above .

A petition for a person who is not a minister may only be filed until October 1, 2000, and any immigrant visa issued to such person shall not be valid beyond October 1, 2000. After the petition is approved by the USCIS, the applicant will be sent instructions on how to apply for a fourth preference special immigrant visa for religious workers. want is the fourth preferences special ... consist of ? I just want to have all the information before I begin so that I can file correctly.

Expert:  Guillermo J. Senmartin, Esq. replied 7 years ago.

This is old law. And the President has made extentions to that. This is why it is better to have an attorney do this for you. Even though it may be expensive, it would save you money in the long run.

 

You are looking to file a Religious Worker Visa which is for a temporary worker. The other form is a Special Immigrant Religious Worker which is for a Permanent Residency.

 

So the visa is a temporary visa that is a R-1. Here is a link to that:

 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3f4ecb29f99b2210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

 

The R-1 uses the same I-129. Do not look or research the I-360 Special immigrant Religious Worker unless you believe he can qualify.

Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you
Customer: replied 7 years ago.

OK so I'm pretty sure he well pass inspection but he would love begin here permenatly.

So say we go about it this way with just the RI visa .

Ok so I think I get it.

I must file the following all directly to U.S.C.I.S

  • G-28
  • I-360
  • I129
  • A letter from the authorized official of the religious organization
  • Documents for Visa Application
  • Medical Examinations
  • Visa Fees $ 335.

Does this sound more less correct

And if he does chose to do the permenate visa "Special Immigrant Religious Worker" where can this info be found ?

I greatly appreacate your help

Expert:  Guillermo J. Senmartin, Esq. replied 7 years ago.
No. The I-360 is for the Permanent Residency. You should bring him in on the R-1 first using the I-129. Afte that, then he can look into trying to stay more permanently with the I-360, or you can just try directly for the I-360 if you like. So the I-129 is one path. The I-360 is the other path. They are not filed together.
Customer: replied 7 years ago.

 

Thank you, XXXXX XXXXX your help I left a bonus I look for to your assistance in the future.

Expert:  Guillermo J. Senmartin, Esq. replied 7 years ago.
Thank you very much. I'll be here if you need me.

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