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I am a canadian currently living in the US. I am looking to…

Customer Question
Hello i am a...

Hello i am a canadian currently living in the US. I am looking to move here and want to know how i can go about doing that

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Nope. Ive been here 30 days so far

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

Just a friend who is a lawyere

Submitted: 1 month ago.Category: Immigration Law
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Answered in 1 minute by:
3/13/2018
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 1 month ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,257
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Customer reply replied 1 month ago
ive had many interviews no one wants to hire me because i dont have a work permit. All my family is canadian so that type of visa wouldnt work either. I am at loss for what to do.
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 1 month ago

Unfortunately there are limited ways to stay in the US. All we can do here is tell you all the options and you would have to find a way that suits you.

Here are the options:

1.These are options available. The most common way is through a person's family or spouse. The family must be US citizen or legal permanent residents (green card holders) and they must petition the person (you) with form I-130 Not all family qualifies, it must be someone's spouse, parent or child if they are 21 and over, or also through a sibling... If the person has one of those in the US, they can petition for the person to come to the US but there is usually still a wait time, in some cases many years.

2. The next way is through a job/employment. For a green card it depends on your educational background and experience but most commonly you will need at least a Bachelor's degree. If not you will need 3 years experience for each year of a Bachelor's so 12 years. Most importantly you would need a job offer from a company that is willing to petition for your green card.It is difficult because it is costly. The company has to pay you (the person) the "prevailing wage" for your position and must show that it can afford your wage and has a need for your position and that you studied that field or has experience. That company has to go through a process called Labor Certification which begins with proving to the US Dept of Labor that you (the person) 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 to have a green card available and you cannot wait here inside the while you wait for a green card to be available. This is the Eb-2 and Eb-3.

If you are a person of extraordinary ability, top 10% of your craft, you may qualify for extraordinary ability visa EB-1. For that you don't need an employer to sponsor you. You sponsor yourself but it is difficult to qualify.

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 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. This is difficult for Canada.

5. The last way is through the diversity visa ( which is a lottery). Here is more information on that. http://www.uscis.gov/green-card/other-ways-get-green-card/green-card-through-diversity-immigration-visa-program/green-card-through-diversity-immigrant-visa-program

Depending if the person wants a temporary visa instead to come for a temporary time there are other options. These will NOT get you a green card.

The most common work visa is the H1B visa. For this, AGaIN you need a job offer for a specialized position in the area where you have your bachelor's degree. The problem is you cannot apply for this until April 2018 and you cannot begin work until October 2018 if you are approved. And you cannot wait in the US until October. Also there is usually a lottery for this because visa numbers are limited and more people apply then there are visas. So even if you applied right on April 1, you may not even have your application reviewed.

Since you are Canadian, you have the easier option of a TN visa for professionals, if you fit into one of those professions and if you get a job offer in it. Then you don't have to wait like H1B. You can apply right away. Here is the list to see if you qualify http://workpermit.com/immigration/usa/us-tn-1-visa-eligible-professions-list

Good luck to you and I hope this answer has helped you.

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Another work visa option is the L1. For this, you would have to have a job offer from a company here in the US for which you have worked for in their affiliate company in a foreign country at least 1 year in the last 3 years. You don't have to wait for 2018 to apply for this. The company must be sending you to the US as an executive or managerial position or for a job with specialized knowledge. There are also options such as the F-1 visa for students, which require admittance to a university in the US.

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Customer reply replied 1 month ago
okay so am i able to apply for a work permit instead of a green card? is that cheaper for the employer?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 1 month ago

The work permit option are the visas (TN , H1B, etc). the options above. Not really cheaper.

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