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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Immigration Law
Satisfied Customers: 267
Experience:  Managing Attorney at a Law Firm
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My girlfriend is canadian and we just found out that she is

Customer Question

my girlfriend is canadian and we just found out that she is pregnant after her last extended stay here in the states. how would i go about filing to sponsor her to be able to become a temporary resident who is able to get a work visa?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: no official status yet.
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thank you
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Nisha Jones, Esq. replied 1 month ago.

Good morning, I am an Immigration attorney and former Prosecutor for the State Attorney's Office. Congratulations on the exciting news! I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship.

There are a couple of options for filing for her green card, either as a fiance or as a spouse. Do you two plan on getting married?

Customer: replied 1 month ago.
not as of yet, were hoping to find an avenue that would allow her to work and live temporarily in the states without having to become married
Expert:  Nisha Jones, Esq. replied 1 month ago.

Okay, with the way US immigration law works, there are limited specific categories for applying for a green card or visa. The fastest ways are through either a fiance or spousal application, or through having a US family member apply for her (namely a parent or sibling). However, there are also a couple other possible options for work visas, but they do have specific requirements. Please allow me just a few moments to prepare some information for you, and I'll send you all of the necessary info. Thanks!

Customer: replied 1 month ago.
my girlfriends sister has recently completed the requirements for citizenship here in the states, would she be able to sponsor my girlfriend without having to be a spouse or fiancee?
Expert:  Nisha Jones, Esq. replied 1 month ago.

Yes, her sister would be able to file for her green card. However, the current wait times for sibling sponsored visas is about 10 years. If it's something they would like to move ahead with her sister will need to fill out and submit Form I-130 with USCIS. She'll also need to include the following supporting documents:

1. A copy of her birth certificate and a copy of her sibling's birth certificate showing that they have at least one common parent.

2. A copy of her green card, US passport, or Certificate of Citizenship.

Note, the wait time for fiance and spouse visas are significantly shorter, ranging from a few months to about a year.

There are the other potential options of employment visas, here are the requirements and you can see if your girlfriend qualifies for one of the categories:

H1B visa: issued to a specialty occupation, requires theoretical and practical application of a body of specialized knowledge along with at least a bachelors degree or its equivalent.

EB2 visa: issued to professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business generally requires a job offer and a labor certification issued by the Department of Labor (DOL).

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars as this is the only way experts are compensated for our time here on 'just answer'. It doesn't cost you anything to rate me, and we can still continue our conversation for free after. Thanks!

Expert:  Nisha Jones, Esq. replied 30 days ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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