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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105572
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Can I bring a Mexican female, age 22 into US on her passport

Customer Question

Can I bring a Mexican female, age 22 into US on her passport to begin work as a Nanny and while she is here begin the H-2B Visa process.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. She cannot use just her passport. Does she have a visa? Which visa does she have? Also, are you aware that the H-2Bs are used up for the year?
Customer: replied 1 year ago.
I would like her to enter the US with her Mexican Passport to see if the Nanny job is a fit for both her and us. She does not have any Visas now. She is actually getting her first Mexican Passport now. I am aware that the H-2B's are for a period of one year but are renewable for up to 3 years. If the job is a fit my plan would be to apply for the H-2B for her while she is here working for us. Does this help?
Rod
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, like I said, she cannot just enter the U.S. on a Mexican passport. She needs to apply for a B-2 tourist visa. AND she cannot work while on a B-2 tourist visa. Also, the H-2Bs are used up for the year. You would have to wait until April 1, 2016 to apply again and she can only start working October 1, 2016. I am truly sorry. I sincerely ***** ***** you do not blame me for the bad news. I am not given a salary to be here and only your positive rating would allow me to be compensated by the website. It costs you nothing additional. So please do not shoot the messenger. Here is a link to verify what I am saying: http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/cap-count-h-2b-nonimmigrants If she still want to apply for a B-2 visa, that's fine. I will provide you with two links that may be helpful. The first is to an article that will explain what they look for when issuing a non-immigrant visa like the B-2. The second is a list of things that can be presented to prove non-immigrant intent and the strong ties to the home country.http://www.ilw.com/articles/2009,0528-schwartz.shtm https://help.cbp.gov/ci/fattach/get/46680/0/session/L2F2LzEvdGltZS8xMzk3NDE3MzcxL3NpZC85M1BEQ0lSbA==/filename/Intentions+and+Ties.pdf My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, 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 if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
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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