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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4065
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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We are trying to help a friend immigrate permanently

Customer Question

Hello! We are trying to help a friend immigrate permanently from Brazil EB-01. He previously had an 01 Visa and has a Social Security Card. What is the most expeditious way to do this, and can he come to the US first and then file?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.
Hello, my name is ***** ***** I will be the attorney helping you today.
The first step in the process is to file an I-140 petition based on Extraordinary ability together with the supporting documentation.
If the person is in the US when he files this and he feels sercure that the I-140 will be approved, then he can file the I-485 at the same time as the I-140.
If they rather not take the risk, they can file the I-140 first and once approved submit the I-485.
If the person is outside the US, the person has no choice but to file the the I-140 first and then once approved, consular processing will take place and he will attend an interview in the US embassy/consulate in Brazil and they will enter the US with their green card.
He can do this as I mentioned, from inside the US, but they have to be able to get into the US. They can try to enter on a B1/b2 tourist visa if they have one, but they must be careful because a person coming on atourist visa is not supposed to be coming with intentions to stay in the US and apply for I-140 and green card. Once the person enters the US if they then decide to do these applications, that is different and that is legal. They must be prepared and understand this if they intend to try to come in to the US first and do it here. Obviously I cannot advise you to do this but I can inform you about it.
Good luck to you during this process and I hope this answer has helped you!
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