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Immigration Q&A - January 31, 2010 Q1: O1 Visa Self SponsorshipI would like to know if it is possible to incorporate my own company to sponsor me for a O1 visa? I spoke to one lawyer and was told I can sponsor myself as long as I have strong reference/creential letters. Another lawyer I spoke with told me that I cannot incorporate on my own and self-sponsor. So who’s right? While it is true that O1 visa beneficiaries cannot self-sponsor, if the position is one that traditionally involves self-employment, you may be sponsored by a US agent rather than an employer. Moreover, USCIS has recently taken a tough stance against self sponsorship in the H1B visa area and is likely taking a strong stance against other visa types. It would be risky to self sponsor in this environment but a case could be made and even approved. They certainly have been in the past. Q2: J1 Waiver (Hardship) for PhysiciansI was recommended by Dr. Singh. We both on J1 visas and are both working in the same clinic. You helped her secured her J1 waiver through hardship to her US citizen husband. We both married to US citizens. I spoke to Dr. Singh. After knowing her hardship is merely a financial hardship, you were able to get her case approved. I feel encouraged. I have a child who required medical attention due to a heart defect. She can only get very limited treatments in Pakistan- my home country. My wife is suffering depression and can barely hold a job for a long term. We have student loan and other debts as well. If I to return back to my home country, my wife will not be able to take care of our daughter here by herself. If we all return, my daughter's condition may get worse and we'll not be able to pay the debt. Please let me know if you think that I have a good chance to pursue a waiver. Based on the hardships you have described, medical hardship, psychological hardship and financial hardship, it sounds like you have a very promising case. In some hardship cases, if you have both a US citizen spouse and one or more US citizen children, USCIS seems to be more lenient about proving exceptional hardships. However, in your case it does sound like your family would suffer exceptional, if not extreme, hardship if you were required to return to Pakistan for two years. Contact my office. We will be able to assist you in this matter. |
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The Messersmith Law Firm, P.C. |
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