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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109664
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have been back and forwards to the US last 3 years as my

Customer Question

I have been back and forwards to the US for the last 3 years as my wife and I are here for her to have a transplant . We have 10 year visas for medical purposes but i now need to work here. How do i GET asocial security no. and apply for a work permit ?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 years 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 visa did you use to enter the U.S.? When does your stay expire? What level of education do you have? Do you have money to invest? How much?

Expert:  Guillermo J. Senmartin, Esq. replied 2 years 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.

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.

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

http://www.uscis.gov/greencard

Then 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

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 2 years ago.

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

Customer: replied 2 years ago.
I was a professional banker with 30 years experience. The Visas expires in 7 years time. My wife and I have invested subs tantial funds here for her medical treatment and our living expenses. I would like to work here to continue to support our living expenses. I am not looking for a green card at this stage just the ability to work whilst we are here for the explained reason.
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.

Thank you for responding. How much money do you have to invest in a company in the U.S.? And what country or countries do you have citizenship in?

Customer: replied 2 years ago.
Given that we had brought with us something in the region of us 2m what would be your response ?
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.

If you make an investment of $1,000,000 in a business (it can be $500,000 if it is in a rural or high unemployment area as designated by the U.S. government) and the business creates 10 or more jobs for U.S. workers, you can apply for an EB-5 investors green card. You are not looking for one, but this is a good option. Here is a link:

http://www.uscis.gov/eb-5

If you want visa options instead, I really need to know what country you were born in and what other countries you may have citizenship in.

Customer: replied 2 years ago.
as discussed we are here for medical reasons and then go back for england so I would not be looking to invest in businesses just do some employed work to help pay our way whilst we are here ? Surely that should be possible? The funds here are mainly to pay for professional medical bills as they arose. Unfortunately my wife requires a transplant which is a very expensive proceedure.
Customer: replied 2 years ago.
I was born in England and my wife in Italy - we live mainly in England and sometimes in Italy.
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.

The problem is staying in the U.S. If you want a different visa than a B-2 visitor visa or a Humanitarian Parole visa, then you are looking into investing into a company. An E-1 or E-2 is a good choice. Either would look for around a $200,000 investment. It can be less because the law only says, "substantial" investment, but usually attorneys do not take cases of E visas for less than a $200,000 investment because they do not want to risk losing the case and having an upset client because the client has to have the money already invested and at risk and if it is denied, they have to try to sell the business or something to try to recoup their investment.

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

And here is a link to the E-1:

http://www.uscis.gov/working-united-states/temporary-workers/e-1-treaty-traders

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

I wish I had more viable options for you, but it is one of the reasons that we need immigration reform. I sincerely ***** ***** your spouse receives her transplant and recovers quickly.

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 2 years ago.

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