Advice Wanted re Immigration

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Old May 9th 2018, 5:43 pm
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Default Advice Wanted re Immigration

Hello everyone,
A brief overview. I am currently on a B1/B2 visa in the USA. Background is, my sister is a US citizen as are my neice and nephew and brother in law. I have just finished after 20 years in the Fire Service in UK....I do some lecturing and training Firefighters in the USA having been a repeat speaker at the largest FF conference on earth on a number of occasions, various State Fire Chiefs Conventions etc and have written 3 textbooks on firefighting that have sold worldwide <snip>

So, in short, I have 5 months to get sorted, I do not really want to go back to the UK, I've signed up and should be EMT qualified in 6 weeks or so, and eligible to work as soon as residency is confirmed.
How do I get there and has anyone had any prior experience? I previously spoke to a lawyer about EB1 visa as a person of note within my profession, and whilst my work speaks for itself, I found it difficult to obtain 15 "support statements", not through emnity, just people being too lazy to do anything that had no direct benefit for them.

All advice appreciated, good or bad.

Last edited by christmasoompa; May 9th 2018 at 5:53 pm. Reason: Book names removed. Sorry, but no advertising allowed!
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Old May 9th 2018, 7:04 pm
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Default Re: Advice Wanted re Immigration

There is no way for you to just "stay" in the USA and become a permanent resident.

You could possibly get a work visa, maybe an O visa if you are well known in your field.

Your sister could petition you for an immigrant visa, but it will take 15-ish years to process, during which time you can continue visiting the USA.

Just curious why you have a B visa? Were you not VWP eligible?

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Old May 9th 2018, 7:09 pm
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Default Re: Advice Wanted re Immigration

Originally Posted by Noorah101
There is no way for you to just "stay" in the USA and become a permanent resident.

You could possibly get a work visa, maybe an O visa if you are well known in your field.

Your sister could petition you for an immigrant visa, but it will take 15-ish years to process, during which time you can continue visiting the USA.

Just curious why you have a B visa? Were you not VWP eligible?

Rene
The OP said he has been lecturing and training firefighters in the US.
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Old May 9th 2018, 7:21 pm
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Default Re: Advice Wanted re Immigration

I work here as an "overseas contractor" training Firefighters and can legally reside 6 months a year in USA and 6 months outside

Advice wanted to alter status from B1/2 to Permanent Resident Status.

I am in a catch 22... Plenty of work offers as long as I am permanent resident.

My sister needs some support with the kids for a variety of health reasons. Hence why it is in everyone's interest for me to get here
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Old May 9th 2018, 7:32 pm
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Default Re: Advice Wanted re Immigration

Originally Posted by igfirerescue
I work here as an "overseas contractor" training Firefighters and can legally reside 6 months a year in USA and 6 months outside

Advice wanted to alter status from B1/2 to Permanent Resident Status.

I am in a catch 22... Plenty of work offers as long as I am permanent resident.

My sister needs some support with the kids for a variety of health reasons. Hence why it is in everyone's interest for me to get here

Does your current B2 visa allow you to do such work in the US or is it purely for visiting? You cannot change the B2 visa for PR.

If you wish to work and live in the US full time you will have to apply for the appropriate visa. In most cases the employer must apply for the visa. Applying for PR will depend what visa you get. As Noorah mentioned...look into the O visa.

Last edited by Jerseygirl; May 9th 2018 at 7:36 pm.
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Old May 9th 2018, 7:35 pm
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Default Re: Advice Wanted re Immigration

I don't think you have the time to "Adjust" status before your 5 months are up, even for an EB-1. It would be a highly risky strategy that could end up with future B1/2 denials if it didn't work out as the B is not dual intent. If you're EB-1 material, just apply from abroad.
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Old May 9th 2018, 7:41 pm
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Default Re: Advice Wanted re Immigration

Thanks for the advice guys. O visas are no good, as my profession requires permanent residency for permanent work here.

My niece is disabled and hence why my support in the country is required as a matter of priority .

I have various bookings in the USA over the next 5 months, so external application is not an option either professionally or a pastoral/family side.

My B visa is good til 2023 so I'm not overly concerned about that at present.

​​​​​​I am considered of note to the extent that time Warner Inc approached me to present a series of documentaries on various fire depts.

Any other ideas?
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Old May 9th 2018, 8:00 pm
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Default Re: Advice Wanted re Immigration

Originally Posted by igfirerescue
Thanks for the advice guys. O visas are no good, as my profession requires permanent residency for permanent work here.

My niece is disabled and hence why my support in the country is required as a matter of priority .

I have various bookings in the USA over the next 5 months, so external application is not an option either professionally or a pastoral/family side.

My B visa is good til 2023 so I'm not overly concerned about that at present.

​​​​​​I am considered of note to the extent that time Warner Inc approached me to present a series of documentaries on various fire depts.

Any other ideas?
You cannot get PR without first obtaining the relevant visa. From what you have told us you do not have a route to PR. Long term your sister could sponsor you but as Noorah said above...it will take approx 15 years... or not at all if Trump gets his way.
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Old May 9th 2018, 8:09 pm
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Default Re: Advice Wanted re Immigration

Originally Posted by Jerseygirl

The OP said he has been lecturing and training firefighters in the US.
Yes. A B visa is not needed for that, unless he is doing it for longer than 90 days at a time, which doesn't seem likely (to me). Just thought I'd ask to clarify.

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Old May 9th 2018, 8:22 pm
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Default Re: Advice Wanted re Immigration

Originally Posted by igfirerescue
I work here as an "overseas contractor" training Firefighters and can legally reside 6 months a year in USA and 6 months outside
Just to be clear, you aren't really residing (living) in the USA, even when you are here working temporarily.

Advice wanted to alter status from B1/2 to Permanent Resident Status.
Advice has been given. There is no path to adjust your status in your current circumstances. Your options are: sister files an I-130 towards an immigrant visa, an employer files a petition for a work visa, or an employer files a petition for an immigrant visa. That's it. Those are the options.

I am in a catch 22... Plenty of work offers as long as I am permanent resident.
In that case, if PR must come first, then your two options are: sister files petition for immigrant visa, or employer files petition for immigrant visa.

My sister needs some support with the kids for a variety of health reasons. Hence why it is in everyone's interest for me to get here
Sure, it's in everyone's interest, but there are only limited options available. It's not like you can adjust status to PR just because everyone wants you to. You have to have a basis for it, and so far it doesn't seem like you do.

Maybe one of these employers that are so anxious to hire, will do the petition for your immigrant visa. Have your sister also file an I-130, as long as you don't mind it taking 15 years to process.

Rene
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Old May 9th 2018, 8:26 pm
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Default Re: Advice Wanted re Immigration

Originally Posted by igfirerescue
So, in short, I have 5 months to get sorted
Nothing is going to get sorted within 5 months.

I do not really want to go back to the UK
I would say you don't have a choice unless you plan to overstay the B Vida (not advisable!)

I've signed up and should be EMT qualified in 6 weeks or so, and eligible to work as soon as residency is confirmed.
That was a premature thing to do, without knowing the paths to becoming a PR.

Rene
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Old May 9th 2018, 8:34 pm
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Default Re: Advice Wanted re Immigration

As nobody else has yet mentioned it, are you single? Do you have a special friend? If so how about pr via marriage?
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Old May 9th 2018, 8:40 pm
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Default Re: Advice Wanted re Immigration

Originally Posted by lizzyq
As nobody else has yet mentioned it, are you single? Do you have a special friend? If so how about pr via marriage?
A whirlwind relationship and spontaneous marriage in Vegas would probably do the trick - I say probably because if the authorities thought it was a marriage of convenience that would only end in disaster !
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Old May 9th 2018, 9:16 pm
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Default Re: Advice Wanted re Immigration

Originally Posted by lizzyq
As nobody else has yet mentioned it, are you single? Do you have a special friend? If so how about pr via marriage?
Originally Posted by SanDiegogirl
A whirlwind relationship and spontaneous marriage in Vegas would probably do the trick - I say probably because if the authorities thought it was a marriage of convenience that would only end in disaster !
As noted, marriage to a USC can allow the OP to stay and adjust status, but it must be a real relationship, not solely for the purpose of an immigration benefit.

Since the OP didn't mention a USC love interest, I assumed there wasn't one existing already.

Rene

Last edited by Noorah101; May 9th 2018 at 9:20 pm.
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Old May 9th 2018, 9:34 pm
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Default Re: Advice Wanted re Immigration

Read Pulaski ways on the wiki.

You don't reside in the US. That said, immigration residency isn't the same as tax residency. You may want to see what the IRS think about the number of days you are physically present in the USA.
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