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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109291
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My unmarried daughters and my self are holding an A2 visa

Customer Question

My unmarried daughters and my self are holding an A2 visa and now I have selected with my wife for DV lottery. What will be the status of my unmarried daughters? Can we keep the two status?
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

How old are your daughters?

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

How old are your daughters?

Customer: replied 4 months ago.
25, 25 and 28
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

And they are currently holding A-2 status individually? They will not be able to go under the DV lottery with you. How are they currently in A-2? What purpose are they serving in the U.S.? Are they studying?

Customer: replied 4 months ago.
The are my dependents
Customer: replied 4 months ago.
They were studying
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

And they are no longer studying? What are they doing in the U.S.? What level of education does each have? Do they have money to invest? How much? What citizenship or citizenships does each hold?

Customer: replied 4 months ago.
no longer studying. working with TPS. finished BA and Master degrees. diffidently they don't have money to invest. Sudan.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

So are they on A-2 status or are they on TPS status?

Customer: replied 4 months ago.
Both
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Ok. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

At the very least, once your I-485 is approved, their A-2 status will terminate if it is dependent upon you. They can try for an H-1B professional visa, but it might be too late for that at this time. The information on the H-1B is basically that they must each have a job offer, the job offer must be for a company that is offering a position that is related to their degree and experience. The position must also normally require a bachelor's degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay them 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, they will need to apply on April 1, 2017 to start working on October 1, 2017 or later. The exception is if they each apply 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 an official link to the H-1B:

http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models

Because they do not have money to invest and only have Sudanese citizenship, they cannot qualify for E-1 or E-2 visas and since I assume they cannot prove that they worked for a company outside of the U.S. for at least 1 year out of the last 3 years, they would not be eligible for an L-1 visa either to transfer them to a U.S. branch, subsidiary, parent, or affiliate of the foreign company.

That basically leaves getting into a new F-1 program or a J-1 program, or perhaps winning Asylum, or maybe marrying a U.S. Citizen (for love, not papers). So there are options, but very limited.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 4 months 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!

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Thank you for your kindness and respect. Good luck to you.