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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107266
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a Canadian citizen who has worked and lived in Michigan

Customer Question

I am a Canadian citizen who has worked and lived in Michigan since 2007 on a TN Visa. I would like to have permanent residency in the US. How can I do this?
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.

Is your employer willing to sponsor you for a green card? If yes, what level of education do you have and what level of education is required for the job offer that your employer would offer you?

Customer: replied 1 year ago.
No, my employer will not sponsor me for a green card. I have Interior Design (2yr) and Architectural Technology (3yr) at College.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, I can go over all of the general methods to get a green card and then we can narrow it down if you like. Would you like to do that or just focus on trying to find an employer willing to sponsor you?

Customer: replied 1 year ago.
My experience is that employers in my field of Kitchen and Bath Design/Interior design are small companies, they will not sponsor me especially since I am able to get a visa to work with just a letter no lawyers involved. Can I start my own business in interior design, if so would I still be able to get a TN visa if I worked for myself. What are my options to get residency in the US?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Unfortunately, you cannot do a TN and be self-employed. Let me go over the possibilities for you.

There are generally 5 avenues to obtain U.S. Lawful Permanent Residency. They are through family, through employment, through Asylum or refugee process, through investment, or through the lottery.

For family, it must be immediate family such as U.S. Citizen spouse or U.S. Citizen children over 21 in order to be able to come immediately. U.S. Citizen or Lawful Permanent Resident parents or U.S. Citizen siblings, or Lawful Permanent Resident spouses can also help you, but the wait for that is about 4 to 12 years or so.

Through employment, you would have to generally prove that you would not be taking away a job from a U.S. worker and the less experience and education you have, the harder that is to do.

Through Asylum or Refugee process, you must prove that you will be persecuted, tortured or killed if you stay in your country and that this will happen to you because of your nationality, race, religion, political opinion, or membership in a particular social group, not because you would run the same risk as anyone else in your country to fall victim to a crime or bad economic conditions.

Through investment, you are looking at generally $1,000,000.00 for a residency, or $500,000.00 in an area designated as a high-employment area, plus in both cases the investment has to create 10 or more jobs for U.S. workers.

And through the lottery, it would be very difficult to win one of the 50,000 visas available per year and some countries do not qualify (Canadians do not qualify).

Here is a link to the different forms to get a green card:

http://www.uscis.gov/greencard

Then apart from the TN, there are some visas available where you can stay temporarily and then later change to Lawful Permanent Residency if you qualify.

Some of the visas available through employment (if you have a job offer and you qualify) are:

H-1B for professional workers
H-2A for seasonal agricultural workers
H-2B for seasonal nonagricultural workers
H-3 for industrial trainees

Then there are the F-1 and M-1 for students and J-1 for exchange visitors.

And then there is the E-1 for treaty traders and E-2 for treaty investors (these types of visas are not available in all countries).

Here is a link to most of the available visas:

http://travel.state.gov/content/visas/english/general/visa-wizard.html

In regards ***** ***** investment, how much money do you have to invest and in what location would you open up the business?

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.

If you have around $200,000 or more, you can try for an E-2 visa. Here is a link:

Here is a link to the E-2 if you want to read more:

http://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors

If you own a business outside of the U.S. for more than 1 year and will continue to run that business, you can invest $100,000 or more in a U.S. business (doesn't have to be the same business, but must be related by ownership) and you can try for an L-1A visa. Here is a link to that, but keep in mind that both businesses have to be run and should be successful. You can't just come to the U.S. and forget about the business outside and let it die:

http://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager

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.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello Isabatine. 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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