Upper Saddle River, NJ Immigration Law Firms & Lawyers

Assuming that your employer is not H1B capital send, you will need to apply for an H1B visa on or about April 1. The H-1B process requires that you file an LCA with the DOL and then The employer must petition for the H1B before the USCIS in the US.

Generally speaking, most immigration to the States comes through family petition, employment petition, immigrant investment, or asylum. Being pregnant and later having a US citizen child will not allow you to become a permanent resident. The law was changed in 1976 to prevent a US-born child from petitioning for the parent until the child is 21 years of age. If you wish to stay, you should consult with an immigration lawyer to go over all your options. 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.    

Thank you very much for your question. It is very difficult to answer since it is context-sensitive. For individuals who handle a great deal of these types of treaty investor visas, it is important to review all of the facts of the case and circumstances to fully be able to advise. If you would like to have our office review the information for the investment, we would be happy to do so as we do so for many of our clients on a routine basis.