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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105136
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My married daughter is in Pakistan whereas all of my kids

Customer Question

My married daughter is in Pakistan whereas all of my kids are in USA with me and my spouse, my daughter is suffering hardships in Pakistan being alone with two kids. I filed I 130 petition for her family but it seems like it will take many years for her to wait.
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 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.

Unfortunately, that's the nature of U.S. immigration law. The I-130 preference categories are basically waiting lines of people that applied before you and all of them also want to be together sooner rather than later, but no one gets to jump ahead of anyone else in line, not even in an emergency. So she has to find a different way to come to the U.S. What level of education does she have?

Expert:  Guillermo J. Senmartin, Esq. replied 7 months 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.

I will assume that she has at least a bachelor's degree as far as education goes. The information on the H-1B is basically that she must have a job offer, the job offer must be for a company that is offering a position that is related to her degree and experience. The position must also normally require a bachelors degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay her what is normally paid to someone in that position. All these things must be provable with financials, business plan, etc. Also, because they are used up for this year, she will need to apply on April 1, 2016 to start working on October 1, 2016 or later. The exception is if she applies 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 a link:

If she doesn't have the education and experience to meet the minimum for an H-1B, there is also the H-2B, but those are used up for the year as well and the less experience and education she has, the harder it is to get a visa. This is because there is a higher chance that there would be a U.S. worker available for that position and she cannot come into the U.S. to work and displace a U.S. worker. The problem with the H-2B is that she cannot have immigrant intent which she does because of the I-130, so the H-2B would probably be denied, but not so with the H-1B that allows dual intent.

Similarly, the F-1 student visa and J-1 exchange visa also require non-immigrant intent, so with a pending I-130, most likely those would be denied as well.

So unless she has high enough education or has around $100,000 or more to invest, really she either has to wait, or she could apply for Refugee status if she could prove that she was in danger f persecution because of her race, nationality, religion, social group or political opinion. Here is a link:

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 7 months ago.

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

Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

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

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