Monday, May 14, 2012

Does she need Citizenship, Sponsorship or to be Married


Does she need Citizenship, Sponsorship or to be Married?
My girlfriend lives in Peru and wants to move to New York to work for a law firm. She will get her bachelors degree in general law from the best university in Lima. She also has lots of internship experience. In order for her to get a job here for a law firm, does she need to be a citizen? She has a travel visa for the next 10 years. Maybe a work visa? Is it difficult to obtain a work visa?
Immigration - 6 Answers
Random Answers, Critics, Comments, Opinions :
1 :
yyou gotta make a sacrifice and more to Peru..thats the best advice i can give
2 :
well, citizenship or a green card would certainly make that easier. however, a work visa would do, but that would be up to any potential employer to file the paperwork to allow her to get a work visa. It's more expense and time for the employer, of course, so she'd have to convince them she was worth it.
3 :
Your girlfriend needs to be sponsored by an employer before she can legally work here in the USA. The travel visa is known as a B2 tourist visa. Tourists are not allowed to work legally here in the USA. If a NY law firm will sponsor her, then she may receive permission to work here. If you decide to marry her, then as a US citizen, you would petition for your foreign-born wife to become a US citizen. It takes time, interviews and must be a legal marriage. It will not pass the "smell test" if it is a marriage just so she can come work here. Good luck to you both.
4 :
She will need to either be a legal permanent resident (which she could get by marrying you), or by getting a work visa. However, it is unlikely that she will be able to get a work visa in her field. To be a lawyer in the U.S. she will either need a US J.D. degree (3 year law degree), or the equivalent from her home country followed by an LLM degree (1 year law degree, usually requires the person be a lawyer in their home country). If she just wants to work as a paralegal (or something similar), she won't be able to get a working visa, because almost all working visas are only for jobs that require a minimum of a bachelor's degree, which a paralegal does not.
5 :
Your girlfriend is not allowed to work in the U.S. right now. She is not eligible for Citizenship: that requires that you first live here as a permanent resident for a period of time, usually 5 years. If you marry her now, you will be scheduled for a "Stokes" fraudulent marriage interview, because you have been married less than 2 years and because you are currently living apart. It will be very hard for you to prove that it is a 'bona fide' marriage at this point. Sponsorship is her best bet. Any law firm that wants to hire her simply has to file an I-140 petition on her behalf. Here is the link to getting the I-140: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4a5a4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
6 :
1. you don't just get citizenship. Not even by marriage. 2. A law firm can sponsor her, but if she leaves the firm, then her work permit would be immediately revoked, as her reason to be in the US would no longer exist. 3. a travel visa EXCLUDES working in the country that issued the visa. 4. in order to work, she would need a social security number and that is separated from the immigration process