Immigration Law

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How do I know if I am qualified to apply for a business

Customer Question
How do I know...

How do I know if I am qualified to apply for a business visa?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

Yes. My spouse has a pending I-130

Lawyer's Assistant: Have you talked to a lawyer yet?

The I-130 will take too long and I am looking at other options. Perhaps, to start a business?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. We are currently out of status.

Submitted: 5 months ago.Category: Immigration Law
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Answered in 2 minutes by:
11/26/2017
Immigration Lawyer: Expert James, Lawyer replied 5 months ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,962
Experience: Write FOR JAMES to get my help!
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Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience. Please allow me some time to review your question and to prepare a response.

As I am doing so, keep in mind that a normal part of dealing with complicated legal issues is that you might experience some delays. Please do not opt me out expecting a faster response. This will only result in further delays. Thank you in advance for your patience and understanding.

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Immigration Lawyer: Expert James, Lawyer replied 5 months ago

So you are currently in the US, out of status, and seeking to regain status by getting a business visa?

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Immigration Lawyer: Expert James, Lawyer replied 5 months ago

Is the goal to do that from inside the US?

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Immigration Lawyer: Expert James, Lawyer replied 5 months ago

Also, is your wife a permanent resident or a US citizen?

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Customer reply replied 5 months ago
I am the wife. My husband and I were petition my his mother (I-130) in 2014. I am aware that the process will take a long time and thus looking at other options, such as a business visa or starting a business in the US instead.
Immigration Lawyer: Expert James, Lawyer replied 5 months ago

Yes, I understand all of that. I am asking you about your status in the US right now. You said you are currently out of status. Are you trying to get back into lawful status from within the US?

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Customer reply replied 5 months ago
That is correct.
Immigration Lawyer: Expert James, Lawyer replied 5 months ago

Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: I think what you are asking if is your current immigration violation will affect your eligibility for a business visa.

If you are currently out of status in the US, you have no option to apply for a business visa and regain lawful status. You will have to leave the US in order to get the appropriate visa through the US consulate abroad.

The problem is that having an immigration violation on your record it makes it harder to get approval for another visa. Sometimes it makes you inadmissible. So If you are planning to apply for any type of nonimmigrant visa, you need to be prepared to file a request for a nonimmigrant visa waiver of inadmissibility, which is often called a Hranka Waiver. Here is information on the Hranka Waiver: https://www.nolo.com/legal-encyclopedia/applying-nonimmigrant-visa-hranka-waiver.html

The officer at the embassy will tell you for sure if she requires it in your case. And only the officer will decide whether to approve your waiver of inadmissibility. If the waiver is approved, they will allow you to continue the visa application process and decide whether to issue the visa.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

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Thank you!

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Customer reply replied 5 months ago
A follow up question. My husband was not able to get his immigrant visa along with his family because by the time the visa for his parents came out, he was over age. If I understand correctly, there is an exemption for cases like his.
Customer reply replied 5 months ago
Can he start a business as a result of that exemption (if there is one?)
Immigration Lawyer: Expert James, Lawyer replied 4 months ago

Sorry for the delay, but I was away when you responded.

I'm not sure I understand what you mean by an exemption. Are you talking about 245i? That doesn't apply in this case because it has to be filed on or before April 30, 2001, and he had to be present in the US on or before December 21, 2000.

Where do you see or hear anything about an exemption?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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