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We have a distant relative who wants to come to U.S as

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we have a distant relative...
we have a distant relative who wants to come to U.S for training as truck-driver.I am a U.S citizen.HOW can I help hjm?
Submitted: 2 years ago.Category: Immigration Law
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Answered in 8 minutes by:
1/23/2016
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,989
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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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.

That's difficult. What country is he from? He will be paying for school and not working?

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Customer reply replied 2 years ago
Pakistan.I will be responsible for all his expenses.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Ok. That is a little helpful, but in these types of cases they want to see that he has strong ties to his country and non-immigrant intent. Is there a specific school that he will be attending and they have accepted him as a student?

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Customer reply replied 2 years ago
I want to understand the proper way to start the application process if there is one.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

It depends on what his exact activity will be in the U.S. I am asking you questions because I am trying to find the right way to help him. I will ask again. Is there a specific school that he will be attending and they have accepted him as a student?

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney 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 really mainly three or four visas available to him. The B-1 if he will undergo a training program that is not primarily geared to provide employment . Here is a link:

https://travel.state.gov/content/dam/visas/BusinessVisa%20Purpose%20Listings%20March%202014%20flier.pdf

Since I assume he will learn to drive a truck so he can work, I don't think the B-1 will work.

There is the M-1 student visa. Here is a link to that:

https://travel.state.gov/content/visas/en/study-exchange/student.html

He has to find a school willing to accept him and they will do most of the legwork to get him into the U.S. legally. This is probably his best bet.

The H-3 trainee visa, and here is a link:

https://www.uscis.gov/working-united-states/temporary-workers/h-3-nonimmigrant-trainee/h-3-nonimmigrant-trainee-or-special-education-exchange-visitor

And finally, there is the H-2B worker visa. For an H-2B worker visa, it is expensive and difficult to get because the employer would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, the employer must receive all resumes and eliminate all candidates for valid reasons, not just because they have a job for him. This is to prove that he would not be taking a job away from a U.S. worker. Here is a link:

http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/h-2b-temporary-non-agricultural-workers

Also, because they are used up for this year, you will need to apply on April 1, 2016 to start working on October 1, 2016 or later. Here is a link in regards ***** ***** H-2B cap

http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/cap-count-h-2b-nonimmigrants

I am truly sorry for the lack of options, but the options are limited at this time.

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.

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