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Immigration Q&A - June 07, 2009 Q1: Marriage Green CardMy wife entered the US on a tourist visa two months ago. We weren’t planning on getting married but we ended up in Las Vegas and got married in a spur of the moment thing. What do we do now? Can she stay here or does she need a K3 visa? Immigration law discourages persons entering the US for one stated purpose but then pursues another. This includes entering the US as a visitor in B2 status or through the visa waiver program. Failure to follow the rules can lead to charges of visa fraud and removal from the US. Fortunately, the law does recognize that people do change their minds. In this situation you will need to weigh the risks associated with your desire to both remain in the United States. If your marriage occurred two months after she entered the US as a visitor and you did not plan to marry prior to her entry, it may be safe for her to remain in the US and apply for permanent residence and no K3 visa would be necessary. Q2: J1 WaiverI am currently on a J1 visa and am working at University of Chicago. I need a J1 waiver so I can switch to H1B visa because I am on my final J1 extension. Can I do no objection waiver? I am from Argentina. A no objection based waiver is likely a good choice for you provided that you did not receive any government funding for your J1 program. However, if you have received government funding such as Fulbright, the chances of a no objection based waiver are very small without significant political support. Q3: L1B VisaMy company wants to transfer me to the US. My job title is software engineer. I read on your website that I can get L1 visa to transfer but I am not a manager. Is it possible? You may qualify for an L1B visa provided that you worked for this company for one year of out the last three years and your job requires “specialized knowledge.” Specialized knowledge refers to:
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The Messersmith Law Firm, P.C. |
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