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How can my nanny stay in the U.S. permanently?

Many clients hire foreign nannies through one of the international au pair program. Then, when they are happy with their performance and their children got used to them, they are looking for ways to have their nannies stay in the U.S. permanently. They contact our immigration lawyers for help.

The family member may, in certain circumstance, be able to have her/his nanny stay, live and work in the U.S. permanently (help her get a green card). The process involves placing job advertisements, reviewing applicants’ resumes and interviewing applicants. If there are no U.S. workers able, willing, qualified and available to take the job, and the family member complied with all regulations, the process may lead to nanny’s green card and her ability to stay in the U.S. permanently.

Please note that this article does not constitute a legal advice.   We simplified the law to provide only general information. The process of getting a green card for your foreign nanny and help her stay in the U.S. permanently is heavily regulated process with lots of cases governing each aspect of the process. One mistake means that you have to start from the beginning and loose lots of time and ultimately not be able to have your nanny stay in the U.S. permanently.   If you would like to help your foreign nanny stay in the U.S. permanently and would like to discuss what is the best way to accomplish that, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 or call our office at 480-425-2009.

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How do I employ a foreign worker?

First, it depends, if you are hiring for a temporary or permanent position.  There are a few visa categories for temporary positions.  For example, an employer wanted to hire someone for a position of engineer with a Master’s degree, we applied for H-1B.  Employer was selected at the H-1B lottery and the petition was approved in three weeks.  For workers with less education, H-2A or H-2B may be the best option. If the worker has been working abroad for an affiliated company, L visa may be the best option.

With respect to a permanent position, you have to test the market (advertise the position) and get a labor certification that there are no U.S. workers able, willing, qualified and available to accept the job. There are some exceptions, such as the National Interest Waiver or Schedule A pre-certification.

Please note that this article does not constitute a legal advice.  We simplified the law to provide general information applicable in most cases.  If you would like to hire a foreing worker and would like to discuss what is the best way to do that legally, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 or call our office at 480-425-2009.

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What will I be asked at marriage green card interview?

Marriage green card interview consists generally of two parts. The first line of questioning is typically about the relationship itself.  The purpose is to assess the authenticity of the marriage.  The marriage green card interview questions focus on the history of the couple’s relationship, as well as their activities and future plans as a married couple.

Here are some of the most common questions: How did you meet? How long have you been dating prior to getting married?  How did you proposed? Who was at the wedding? Did you go anywhere for your honeymoon? Is there anyone else living with you? What do you like to do in your free time? do you have any hobbies? Did you meet each other’s parents?

The second line of questioning is about the green card application itself and if the applicant is qualified to get a green card and there is nothing preventing the approval. The questions focus on residential history, employment history, immigration history, family history, finances and legal issues.

It is important to t’s important to answer the interviewing immigration officer’s questionstruthfully since the interview is conducted under oath.

Please note that this article does not constitute a legal advice.  We simplified the law to provide only general information.  If you would like to apply for a marriage green card and stay or move to the U.S. permanently, schedule a consultation with an experienced immigration lawyer in Phoenix today at www.calendly.com/irena-3 or call our office at 480-425-2009.

The Juras Law Firm, PLC stays with you until the green card finish line, we analyze your case, determine the necessary steps, prepare all forms correctly, communicate with the USCIS, prepare you for the interview, represent you at the interview, provide legal advice and peace of mind along the way during your immigration journey and give you .

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National Interest Waiver approved for Mining Engineer

A mining engineer with a Master of Science in Mineral Engineering with specialization in Geotechnical Engineering came to our office to evaluate if he qualifies for the National Interest Waiver. He has made a major scientific contribution in the field of mining.  He has developed a new way of using existing test methods to predict long-term stability of rock piles at a low cost.  Other practitioners are using his results. 

We were able to show all 3 criteria necessary for the National Interest Waiver. We documented that his work, solving mining rock piles slope stability problems and improving the overall safety of people working in both surfaces (open pit and underground mining industry) has national importance. He is well positioned to advance his work based on his education, skills, knowledge, record of success, a plan for future activities, progress toward achieving his goals and interest of companies and investors. We were also able to document that on balance, it would be beneficial to the US to waive the job offer and the labor certification requirements based on his contributions.

Please note that this article does not constitute a legal advice.  We simplified the law to provide only general information.  If you would like to stay move to the U.S. permanently and would like to discuss if you qualify for the National Interest Waiver, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 or call our office at 480-425-2009

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What are immigration options for investors and enterpreneurs?

Let’s look at some of the immigration options for enterpreneurs.

One option is apply for a treaty investor visa (E-2) if you invest substantial amount of money and create at least one job for a US worker. You have to be from a country that allows for such visa. Click here (or here) for some examples of our cases.

Another option is to apply for a treaty trader visa (E-1) if you carry on substantial trade principally between the United States and your country that signed a treaty that allows for such visa.

The third option is to apply for investor green card (EB-5) if you invest at least $900,000 in certain areas or $1.8 million anywhere.

The fourth option is for people who work has substantial merit or national importance and may qualify for a National Interest Waiver. For more information if you may qualify click here and for an example of one of our cases click here.

The fifth option may be to apply for H-1B visa under certain circumstances.

The sixth option may be a green card for extraordinary people (EB-1) who have risen to the very top of their field and have sustained national or international acclaim. They may have a really well-known international award like the Nobel Prize or Pulitzer Prize, or other things that can prove extraordinary achievements like a high salary, critical role in a distinquised organization, published work, exclusive membership, or exhibited material.

There may be other options based on your situation. Please note that this article does not constitute a legal advice.  We simplified the law to provide only general information.  This article does not replace competent legal advice from a competent immigration lawyer. If you have enterpreneurial spirit and would like to discuss your options and the best way to stay or move to the U.S. legally, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009.

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Do I qualify for National Interest Waiver?

If you have an advanced degree (above a Bachelors’ Degree or a Bachelors’ degree plus 5 years of progressive post-degree experience) and your work has substantial benefit (merit) or national importance, you may qualify for a National Interest Waiver. The National Interest Waiver allows you to file your green card application without an employer. Substantial benefit or national importance may be shown in a range of areas, such a science, technolgoy, health, business or education. Prospective national impact is not evaluated solely geographically, as a project in one geographical area may hae national importance.

You will also have to show that you are well positioned to advance the proposed undertaking based on your education, skills, knowledge, record of success, a plan for future activities, progress toward achieving your undertaking or interest of potential customers, investors, users or others.

Then, you will have to document that on balance, it would be beneficial to the US to waive the job offer and the labor certification requirements. For example, based on your contributions, urgency or you may have unique knowledge or skills or you may be a self-employed inventor or enterpreneur.

To learn more information about the NIW and about one of our NIW cases, click here.

Please note that this article does not constitute a legal advice.  We simplified the law to provide only general information. If you think you may qualify for a National Interest Waiver schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call us at 480-425-2009.

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My visa will expire while I am in the US. Is that OK?

A visa put in your passport allows you to enter the United States. The Customs and Border Protection Immigration Officer still conducts an inspection to determine if you can be allowed to the United States. If they allow you to enter the Unites States, how long you are allowed to stay will be specified on your admission stamp or Form I-94, called an Arrival/Departure Record. You will be able to remain in the United States during that specified period, even if your visa expires during the time you are in the United States. How long you are allowed to stay in the Unites States may be shorter or longer than your visa validity. For example, a tourist visa is usually issued for 10 years, but Immigration Officer usually allows people to stay in the United States for 6 months, unless there are reasons for longer stay.

Please note that this article does not constitute a legal advice. We simplified the law to provide only general information applicable in most cases. If you would like discuss your specific situation and need help with your visa or green card, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 or call our office at 480-425-2009.

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Can I work in the U.S. while waiting for my green card?

The answer to this question depends on your situation. If you already have an employment authorization based on your current status, such as has H-1B status, E-2 status, employment authotization card with your Optional Practical Training, you can continued to work. If you did not have an employment authorization, you will need to wait until your work authorization is approved.

Please note that this article does not constitute a legal advice. If you would like help with your employment authorization, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 or call our office at 480-425-2009.

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How long after my marriage can I apply for a green card?

How long after you get married you can start the process of applying for a green card depends on your concrete situation. First of all, the marriage has to be a real marriage and not just a marriage for purposes of getting a green card. If you have came to the United States legally with a visa and have a genuine relationship that lead to a marriage, the process can be started once you get married. If you are living abroad, you spouse can file a petition after you are married and then the U.S. Embassy or Consulate will issue an immigrant visa for you to come to the U.S. to live here permanently. You should not be coming to the United States with a tourist visa or ESTA to live in the US permanently.

In some situations, you may need a waiver. For example, if you crossed the boarder without a visa or you came with J-1 visa that require you to go back to your country for 2 years before you can apply for a green card. A consultation with a experienced immigration lawyer will save you valuable time and money and limit the time of separation from you loved ones.

Please note that this article does not constitute a legal advice. If you are getting married, would like to move to the U.S. permanently and apply a marriage green card, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 or call our office at 480-425-2009.

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Why would a green card application be denied?

A green card application may be denied for numerous reasons, including but not limited to mistakes on the forms, providing false information, not providing sufficient documents demonstrating that you meet all requirements, not having sufficient financial resources, violation of U.S. laws, filing a wrong form, sometimes applying too early or too late or applying for a type of a green card that you don’t qualify for or not being able to demontrate that you qualify for a particular type of green card. 

Here are some examples: Sometimes people check a wrong box on the form and apply for a wrong option. Some people provide intentionally false information on the forms or during an interview. Married couples filing without an experienced immigration lawyer may have not provided sufficient proof that their marriage is authentic or couples got married for the purpose of getting a green card. Some people who crossed border illegally file an application without seeking a waiver of illegal presence. Some people have criminal record and may not qualify for a green card. An applicant seeking the National Interest Waiver filing without an experienced immigration lawyer did not show that (s)he is well positioned to advance the proposed endeavor, and in balance, it would be beneficial to the United States to waive the job offer and labor certification requirements (necessary to qualify). An asylum applicant files more than 1 years after entering the U.S. or child who is US citizen files a green card petition before reaching 21 years of age. Those are just some of the examples. The US immigration laws are complicated and constantly changing.

Please note that this article does not constitute a legal advice. If you would like to move to the U.S. permanently, apply for a green card (legal permanent resident status) and would like to avoid having your green card application denied, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 or call our office at 480-425-2009.