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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105612
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hey I'm currently in the US on a H2A visa and would like to

Customer Question

Hey I'm currently in the US on a H2A visa and would like to come over on a more permanent basis like a EB 3 visa.My current employer is willing to help me with a permanent employment contract. I have 4 years experience in truck driving and owned my own farm for 8 years. I would like to find someone to help me with this so I can bring my family over as well.
Kind regards *****
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Welcome to JustAnswer! My name is***** I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
What country were you born in?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.
I will assume that for EB-3, you are not from China, India or the Philippines. If you were born in any of those countries, you will have a very long wait for your green card through EB-3. Essentially, your employer will have to file an expensive Labor Certification for you. 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. If your employer is successful and get an approval of the Labor Certification, then your employer can file an I-140 for you. After approval of that and the Priority Dates becoming current (if you were not born on one of those countries that I mentioned, it will take around 6 months or so. After approval of the I-140, then you can file an I-485 and other forms to get Residency IF you are legally in the U.S. at that time. If not, then you will have to be outside to do Consular Processing. Here is a link to the process:
http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
and another link:
http://travel.state.gov/content/visas/english/immigrate/types/employment.html
Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That doesn’t help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, “To finish…” I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.

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