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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105609
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a social security number and am four credits short of

Customer Question

I have a social security number and am four credits short of being able to collect my ss. i am told i need to apply for a work permit. how complicated of a procedure is this ? i'd like to work in a resort environment in my profession of hotel sales and marketing.
Submitted: 12 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 12 months 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.

What is your current status in the U.S.? Are you a U.S. Lawful Permanent Resident? Are you a U.S. Citizen? If neither, what is your status?

Customer: replied 12 months ago.
I am a Canadian citizen. Previously i was married to an American and worked in the US from 1986 to 1994 earning. Today i visited a social security office in Palm Desert and was told i am only 4 credits short of collecting my benefits. Need to return to the US and make only $5000 to qualify. What do i need to do to expedite this ?
Customer: replied 12 months ago.
I only have my social security card. i am not a permanent resident.
Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

But a Canadian is not normally allowed to work in the U.S. unless they have some status. Did you have a green card before? A TN status? How did you work legally in the U.S.?

Customer: replied 12 months ago.
I had a green card when i was married to my husband. I was legally able to work in the US.
Customer: replied 12 months ago.
i had to give up my green card at the border when i returned to Canada full time in 1994.
Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

That's a shame that you had to give it up. And you are no longer married to a U.S. Citizen? I have to be honest that it is not easy to get a work permit.

Customer: replied 12 months ago.
No, I am divorced from my American husband and married to a Canadian. I really don't want to give up my benefits over having to make only $5000 more. Is it worth it to continue to pursue ? currently i am 66 years old and my benefit would be $1200 a month.
Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

What level of education do you have? In what?

Customer: replied 12 months ago.
I am formerly a Director of Sales and Marketing in the hotel business. This was what i was employed as in Los Angeles and Lake Tahoe from 1986 - 1994.
Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

Ok. Then what I would do if I was you was find a seasonal job, in that industry, explain that you just want to work for a month or two, perhaps their high season, and ask them to apply for you to get a TN visa. Here is a link to that:

http://canada.usembassy.gov/visas/doing-business-in-america/tn-visas-professionals-under-nafta.html

As long as it fits into the professions for the TN, you should be good to go. Here is a link:

http://canada.usembassy.gov/visas/doing-business-in-america/professions-covered-by-nafta.html

You may have to look around, but I'm sure you can find some company that would be willing to hire you for a month or so.

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.

Customer: replied 12 months ago.
thank you. how long does it usually take for this type of VISA ? and is it a cost to employers ? i think it would be difficult especially for seasonal workers .............
Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

It can be done very quickly, in fact, if you can show an offer of employment letter with adequate compensation package, show that that the position is one of those listed in the list that I gave you, that you have the education to qualify for that position, you can take all that evidence to the Port of Entry and present it to the CBP officer and they can approve you on the spot. And there really isn't a cost to the employer unless they file the petition for you and that's only a few hundred dollars.

Let me know if you need anything else, but please do not forget to rate me positively. 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. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello Barbara. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!