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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95029
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi, My husband (Czech) and I (Polish) met in 1997 in Chicago,

Customer Question

Hi, My husband (Czech) and I (Polish) met in 1997 in Chicago, we got married and we have 3 children born in United States. At that time I was on student visa and my husband on tourist visa. I have a College degree in Finance and Accounting and my husband received High School equivalent GED. We left United States in 2010 to avoid losing our invested money with mother-in-law who turned out to be impostor(trickster).
Now I really regret coming back to Europe (Czech Republic) because our quality of life dramatically changed. I wish to go back to United States legally but I do not know if it's possible. What would we need to do to go back there? I believe that our lives belong there. We left our friends there, I left my mother there who is US citizen, I miss our home left there. Could you help us in any way?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.


How old are your children?
Customer: replied 1 year ago.

The oldest one is 11, the middle one 6 and the youngest is 3

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Unfortunately, they are not old enough. I do not really have good news for you. I will explain in detail your options. There are 5 ways to come to the U.S. to live permanently. They are through family, through employment, through asylum, through investment, or through the lottery.



For family, it must be immediate family such as U.S. Citizen spouse or U.S. Citizen children over 21 in order to be able to come immediately. U.S. Citizen or Lawful Permanent Resident parents or U.S. Citizen siblings, or Lawful Permanent Resident spouses can also help you, but the wait for that is about 4 to 12 years or so.



Through employment, you would have to generally prove that you would not be taking away a job from a U.S. worker and the less experience and education you have, the harder that is to do.



Through asylum, you must prove that you will be persecuted, tortured or killed if you stay in your country and that this will happen to you because of your nationality, race, religion, political opinion, or membership in a particular social group, not because you would run the same risk as anyone else in your country to fall victim to a crime or bad economic conditions.



Through investment, you are looking at generally $1,000,000.00 for a residency, or $500,000.00 in an area designated as a high-employment area, plus in both cases the investment has to create 10 or more jobs for U.S. workers.



And through the lottery, it would be very difficult to win one of the 50,000 visas available per year and some countries do not qualify.

There are some visas available where you can stay temporarily and then later change to Lawful Permanent Residency if you qualify.

Some of the visas available through employment (if you have a job offer and you qualify) are:

H-1B for professional workers

H-2A for seasonal agricultural workers

H-2B for seasonal nonagricultural workers

H-3 for industrial trainees

Then there are the F-1 and M-1 for students and J-1 for exchange visitors.

And then there is the E-1 for treaty traders and E-2 for treaty investors (these types of visas are not available in all countries).

Here is a link to most of the available non-immigrant visas:

http://travel.state.gov/visa/temp/types/types_1286.html



Since you have a college degree, it seems that you are eligible for an H-1B visa. You need to get a job offer, though. The job offer must be for a company that is offering a position that is related to your degree and experience. The position must normally require a bachelors degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay you what is normally paid to someone in that position. Also, because they are used up for this year, you will need to apply on April 1, 2014 to start working on October 1, 2014 or later. The exception is if you apply for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap.

Here is an official link to the H-1B:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD

I am truly sorry. I know that even though there seem to be many options, they are not easy. I wish I had better news for you. Your mother can file for you, but it will take about 10 years for you to be able to immigrate that way.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. It looks like you are seeing my responses but you are not responding. Are you having technical difficulties? We have been having issues lately with customers not being able to respond. I want to make sure that you are satisfied with my responses and have a positive experience with the website and with my service. So please let me know if there is anything else that I can answer for you because I will do my best. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello again. I am truly sorry that you rated my service as poor. I did give you lots of information. Please do not shoot the messenger. I can only tell you the truth of the matter. I want you to be happy with my service to you, but please do not hold me responsible for the broken system of immigration laws that we have in the U.S. I ask that you please ask me additional questions until you are satisfied with the service. Is there a type of visa that you believe you could qualify for? What can I clear up for you so that you are happy?
Customer: replied 1 year ago.

All information you gave me I already knew. I was hoping you will give me the answer what type of visa I could qualify for, will I be deported if I try to cross the border with any kind of visa and so on.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Sorry about that. I cannot assume that you know anything about that process. I have to assume you have no knowledge of immigration law and build from there. That doesn't mean my service is poor. That actually means that my service is very good because I am being thorough. I hope you understand that. By rating my service as poor, it reflects poorly on me as an expert. But I will try to give you as much information as I can and try to find you an option, but it is currently very hard to immigrate to the U.S. and especially now with the economy being bad, many U.S. workers unemployed and looking for jobs, and USCIS not wanting to approve work visas that could take a job from a U.S. worker. So please understand that I truly want to help, but the options are limited and bad news is not my fault.

So that being said, you have looked at the visa list. Is there any visa that you think you can qualify for? Do you think you may be able to get a job at a cap-exempt employer?
Customer: replied 1 year ago.

I thought about employment visa but I am not sure if I can qualify for it. What about new immigration reform, will there be any place for my situation.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I do not like to talk about immigration reform. Why? Because right now it is proposal and that proposal is undergoing negotiations and will pass through many changes. So what could help someone today may not help them next week and may help them a month from now, etc. But until the President signs it into law, it is impossible to tell. The way that it is looking, there will be more opportunities for educated people to come to the U.S. and work and build a life, but for now, there is no new law so we just have to wait. I think with your college degree, you can find a job in that field and have that employer petition an H-1B for you April 1, 2014 to start work October 1, 2014. I know it is a long way off, but you should be able to qualify. The exception, as I said, is finding a cap-exempt employer that you can use to file for an H-1B now. They exist, you just may have to look in areas where not that many people want to live. The idea is to get your foot in the door, get into the U.S., get your status and then after a year or two, maybe reform comes out or maybe you can transfer to a different location within the U.S. Also, if you have $100,000 or more to invest in an active business (not buying a home), you may be able to get an L or an E visa. That could be another option. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you again. Is there anything else that I can answer for you? It is very important that you rate me positively because if not, that "Poor Service" rating stays on my record and this is not fair to me because I should not be held responsible for bad news of which I have no control over. Please let me know if there is anything else that I can answer for you. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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