Peconic, NY Immigration Law Firms & Lawyers

I do not believe a B visa is a good option for you. First, getting a B visa is likely to prove problematic: U.S. consul will want to know why do you want to go to the U.S. again after being here so many times on a visa waiver. Second, if you get it, it will be for only 6 months, and getting an extension is very unlikely. Third, you cannot work while on a B visa; accepting employment will be a violation of your status resulting in revocation of your visa, deportation, and getting blacklisted for any future entries into the U.S. I suggest considering three general options. First, you can become a student. It is expensive, you will not be able to work without violating your status, but you will be able to stay in the U.S. (and travel abroad if doing so does not cause you to drop below full-time course load in your school) as long as you continue your studies. Second, you can look for an employer who would be willing to petition the government for an employment-based visa for you (depending on your degree, specialty, and expertise, there are several visas you might be eligible to receive, such as H-1B, for example). If you will work well, your employer might be inclined to sponsor you for a green card. Third, you could establish your business's presence in the U.S. and get one of the visas that owning a U.S. company would enable you to do, for example, an L or an E visa. Doing so, too, can put you on the path to U.S. permanent residency.

The short answer is 'no'. She needs some type of authorization. Possibly an H-2B. *H-2B/H3/J1 Training related Visas* There are several types of training related visas. Such visas include the H-3, H-2B and J-1. Once you would find the company willing to train you, we can prepare these entire visa petition, including the training plans. Normally, after these petitions are filed, they take about six months to obtain the decision from U.S. immigration.

A U. S. citizen who has not paid taxes can still sponsor a spouse for permanent residence, although he will have to show that he has a financial cosponsor who can pick up the support obligation of the I-864 affidavit of support. The 5 years that you have been married to the U. S. citizen is not a consideration as there is no statute of limitations as to when a citizen can apply for his spouse. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.