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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107963
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a cousin from the Dominican republic on a medical

Customer Question

Hi, I have a cousin from the Dominican republic on a medical visa for her mother. Her mother just recently passed away. She is now taking care of my mother and sister who are both totally disabled. That was her mother's job (with pay) here at my home. I have filed a petition for an extension which we are still waiting for due to the illness of her mother, my aunt. but my aunt passed away before the extension has arrived. I would like her to be able to stay living in my home taking care of my family while I am at work. How do I go about getting her visa to stay in the USA? What forms do I need? Is this possible. she is a devoted cousin and devoted to taking good care of my love ones.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
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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.

That may not be possible because the U.S. government prefers that you hire a U.S. worker for that job and even if you are able to get a visa for this person, you would be required to pay them what any other U.S. worker would get for that job. So you would not be allowed to look for cheap labor in that regard. What visa does she have at this moment? A B-2 or B-1? Or a Humanitarian Parole? She isn't supposed to work while on any of those.

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.

Since this job offer most likely does not require immigrant intent, the H-2B would really be the only visa available.

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 her. This is to prove that she 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, the employer 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

So unfortunately, she cannot stay. She must leave on time and apply to come back at a later time.

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 do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

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