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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94774
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hello I hope I can satisfied answers for my questions. My

Resolved Question:

Hello
I hope I can satisfied answers for my questions.

My father is US citizen. And my youngest son (infant) as well.

We would like to apply for the immigrant visa to usa to stay with my parents and the rest of my relatives their.
Does the citizenship of my dad and my baby help?
My chance is better in the annual lottery or the direct application for the immigrant visa (already we have non-immigrant visa for the entire family).
I heard that I should have a sponsor or some thing like that but honestly I don't understand why he should provide his income details.

Thank you
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.



Are you currently inside of the U.S.? How did you enter the U.S.? Illegally or with a visa? Which visa? What country are you from? How long ago did you enter the U.S.? How old were you when you entered the U.S.? Was your father born in the U.S. or did he naturalize? If he naturalized, why didn't you become a U.S. Citizen when he did? Were you under 18? Please try to answer each question. Thank you.
Customer: replied 11 months ago.

No, we r not currently living there, me and my son stayed there for 3 months last spring. when I gave birth to my youngest baby.


We have a valid non-immigrant visa for 5 years.


My father naturalized 6 years ago,at that time I was 27 and married.


We are egyptians and living in UAE (Emirates).

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

You are no longer married?

Customer: replied 11 months ago.

I am married. me and my husband wish to apply

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
There are 5 ways to obtain U.S. Lawful Permanent Residency. They are through family, through employment, through Asylum or refugee process, 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 or Refugee process, 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.



So unfortunately, your child cannot help you until he turns 21. Your father can apply for you and your husband using form I-130, but it will take about 10 years before you can use the I-130 to immigrate to the U.S. This is a waiting line of people that have applied before you. Nothing in the law allows for anyone to jump ahead of anyone else in line, not even in an emergency. I am truly sorry.


Then 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

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 to you. 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/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!

Customer: replied 11 months ago.

Thank you very much,


regarding the work visa:


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


 


may I have more details about 2B?


 


And,


If i take my kids and just lived there for the permitted period of time (ex 6 months) and just crossed the border and get enter to us again within 72 hours, and to repeat this process for several years. is that legal? Would my kids be allowed to study in govern schools?


 

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
For an H-2B worker visa, it is expensive and difficult to get because the employer would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, the employer must receive all resumes and eliminate all candidates for valid reasons, not just because they have a job for you. This is to prove that you would not be taking a job away from a U.S. worker.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d1d333e559274210VgnVCM100000082ca60aRCRD&vgnextchannel=d1d333e559274210VgnVCM100000082ca60aRCRD





As far as your last question, you may be able to get away with that one or twice, but two problems, first, to "reset" the time, if you go to Canada, Mexico or any of the islands close to the U.S., you have to spend 30 or more days there. This is to prevent what you are thinking of doing. You can go to any other country for just one day and come back the next day and "reset" the time, but not Canada or Mexico or any of the islands close to the U.S. The second problem is that you may be able to leave for a short while, come back for a long while and do that once or twice, but at some point they will figure out what you are doing and on one of your trips back and they will not let you in.

Your U.S. Citizen children can attend schools, but that doesn't help your situation. I am truly sorry. 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.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94774
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you

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