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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4866
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I want to find out if i stand a chance of living and working

Customer Question

Good evening. I want to find out if i stand a chance of living and working in the United States or relocating with my family. I am a Nigerian married to a Nigerian. I have three children. The first was born in Belfast Ireland in 2004 and possess an Irish Passport the second and third were born in Chicago US in 2009 and 2012 respectively and possess an American Passport as citizens. What are our chances is there any way the immigration law can assist us to settle in the US with our current status. Thank you . My name is*****
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

All I can do on this website is tell you the general ways that someone in your shoes can try to immigrate to the US.

Here are the options:

1. The most common way is through your family. It must be through what is called immediate relatives that must be US citizen or legal permanent residents. These would be your spouse, your parent or your child if they are 21 and over, or also through a sibling... If you have one of those, they can petition for you to come to the US. It doesn't sound like you have any of those at the moment. Your children when they are over 21 years old, may move to the US and petition you to become a permanent resident.

2. The next way is through a job, employment. You can try for a green card through employment or for a temporary visa. For a green card it depends on your educational background and you would also need a job offer to fit your qualifications and show that you would not be taking a job away from a US citizen or resident in the US. For this, the less experience and education you have the more difficult and longer this will take and you cannot wait here while you wait. But again, first you would need a job offer before you can even begin this.

Depending if you want only a visa instead, there are a few work visas. The most common in the H1B visa. For this, the job offer you get must be for a specialized position in the area where you have your bachelor's degree. The problem is you cannot apply for this until April 2016 and you cannot begin work until October 2016, so you need another temporary visa in the mean time such as student visa. If you go into illegal status, you can never get a green card inside the US unless you marry a US citizen or when your child turns 21. So you don't want that to happen.

Another work visa option is the L1. For this, you would have to have a job offer from a company here in the US that you have worked for in their affiliate or subsidiary company in a foreign country at least 1 year in the last 3 years. You don't have to wait for 2015 to apply for this.

3. Investing in the US is another way to get your green card here. If you can invest at least $500,000 in a company in the US, there is a special green card program. You would also have to create 10 or more jobs for U.S. workers through this investment. This is called the EB-5.

4. The next way is applying for asylum.

You must prove that if you returned to your home country, you will be persecuted there on account of your religion, race, nationality, religion, or membership in a particular social group.

You would have to show that you would be persecuted for the reasons I listed. It has to be something that is happening only to you or a small group and not to the general population. You would have to apply for this within 1 year of entering the US.

5. The last way is through the diversity visa. You would have to apply and hope to that your application is chosen. You can read about it here

Good luck to you during this process and I hope this answer has helped you!

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Expert:  Jen Marie, Esq. replied 1 year ago.

Hello again- I am just checking in if you were able to view my answer to you. Do you need me to clarify anything for you?

Hopefully I can earn your positive rating. Thanks!

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