Options for tourists

October 17, 2007  --  Got something to say?
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J.G. AzarconBy J. G. Azarcon, Esq.
Most of the people who come for a visit to the U.S. intend to return to their home country. There are some however who fall in love with America it pains them to part with Lady Liberty.
What are possible options for a tourist who would like to remain in the US legally?
A college degree holder has the potential to change to H-1B status.. This is a non-immigrant status that allows employment. The alien must first find a job offer for a position that can only be performed by a college degree holder whose education is relevant to the job duties. For example, and engineering job for an engineering graduate, but not a bricklayer job for an engineering graduate. In some instances, experience could substitute for a college degree. H1-B is initially issued for 3 years and can be extended to six years.

If the alien is not a college degree holder, H2-B is an option. This is a non-immigrant status that also allows employment in jobs that do not require a college degree and can be completed in not more than one year. H2-B is for non-professional jobs that are seasonal or short contractual duration. For example, a laborer in a construction job that is required to be completed in ten months. If the employers need is indefinite, it is difficult to justify temporary employment. The employer also has to go through a labor certification process that requires advertising the job to prove that there are no qualified American citizens or permanent residents who are interested. H2-B is good for one year only. It may be extended but the employer has to demonstrate that the reason for extension was unforseen during the initial application.

Some may find luck in foreign embassies and international organizations. Change to A or G status are usually done by the employers without expense to the alien.

It is no longer possible to change to student visa unless the alien has previously declared himself to be an intending student when he applied for a visitors visa.

For those who are single, marriage to a U.S. citizen makes one eligible to immediately apply for adjustment to permanent resident. The application can be filed even after the expiration of the aliens authorized stay. The alien is granted conditional permanent resident status if the marriage was less than two years from the date of approval. Before the second anniversary of the grant of conditional residence, the alien and his/her spouse need to file a petition to remove the conditional residence.

Asylum is a risky option unless that the aliens case is really meritorious, that he can prove by documentary and testimonial evidence that he has a well-founded fear of persecution in his home country. An asylum application that is found frivolous could disqualify the alien from eligibility for any future immigration benefit.

A family-based or employer-based petition for permanent residence will not provide a quick solution to the tourist dilemma. The processing of these petitions will take years, long after the expiration of the aliens tourist visa, unless one is internationally renowned with exceptional ability or holding advanced degrees. If the alien remains in the U.S. beyond the period of authorized stay, he faces the 3-year or ten-year bar unless he is also a beneficiary of a previous petition covered under Section 245(i) of the Immigration Act.
(For questions, you may call 703 893 0860)


Posted by News Team | Filed Under Immigration Corner 

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