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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105701
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a Canadian citizen in the U.S. on my husbands L1 visa

Customer Question

I am a Canadian citizen in the U.S. on my husbands L1 visa therefore I have an L2. We are currently in the process of getting divorced, what are my options & what time frame do I have?
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. The moment your divorce is final, you lose L-2 status and must go home. As to your options, if you mean to stay, then I would need to know what country or countries you have citizenship in, what level of education you have, and if you have money to invest in the U.S. and how much.
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. As I stated, as soon as the divorce goes through, you would lose L-2 status. So whatever change of status you would make, you need to do it before your divorce is finalized. As a Canadian, you could qualify for the TN status if you were on the list of TN professions and you had a job offer. Here are a few links: http://www.uscis.gov/working-united-states/temporary-workers/tn-nafta-professionals http://www.nafsa.org/_/file/_/amresource/8cfr2146.htm If you have a bachelor’s degree or higher, you would be eligible for an H-1B visa. You need to get a job offer. 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 bachelor's 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, 2016 to start working on October 1, 2016 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/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models If you do not have the required education, you could try for an H-2 B visa. 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. Here is a link: http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/h-2b-temporary-non-agricultural-workers Also, because they are used up for this year, you will need to apply on April 1, 2016 to start working on October 1, 2016 or later. Here is a link in regards ***** ***** H-2B cap http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/cap-count-h-2b-nonimmigrants If you could find a school or program willing to accept you, you could change status to F-1 or J-1 status. Here are some links:http://studyinthestates.dhs.gov/http://j1visa.state.gov/programs/And finally, you could file for a change of status to B-2 tourist visa and here is a link to the form:http://www.uscis.gov/i-539 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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