Question:
I am 25 years old, married with 3 children. I am a Development Manager
for a Software Company here in the UK but have no degree level
qualifications, although I do have industry qualifications and 9 years
Industry Experience in my area of employment. I would like to become a
permenant resident of the US. My wife would also like to work when we
move there. (That was the easy bit :) ). My wife has a Child from a
previous relationship who (due to the laws in the UK regarding Adoption)
I haven't adopted, although I am her legal guardian (step father), will
any problems arise from this situation? (#1 out of the way). Also, My
wifes mother lives with us, I am aware that an H4 would not cover her as
that is only for legally defined dependants (wife, spouse, children
etc.), although she is dependant on us. She has been retired due to ill
health in the UK and receives a Pension and Sickness Benefit (from the
Government). Assuming that my wife works, it is her intention to look
after our children (I assume this requires an H-1B), Ironically, she is
the only one with a BA Degree, but unable to work for an employer (the
illness is like agrophobia, can't mix with strange people etc.) - Would
she be able to work for us on a H1-B ??. Also My british employer would
be prepared to continue employing me in the US on the basis that I carry
on my Employement Duties for them in Full - Is this Possible ??
Answer:
The stepchild relationship entitles the child to derivative status, either
H-4 or derivative permanent resident status, if the marriage creating the
stepchild relationship occurred before the child's 18th birthday. Adoption
is not necessary for this eligibility. The child's father may have to give
permission in writing.
No. To qualify for H-1B classification, the job position must require a
bachelor's degree, and the job of looking after children does not require a
bachelor's degree.
No. Employment-based temporary and permanent status must be based on a job
offer from a U.S. employer, even if it is a branch of a foreign employer.
See http://www.americanlaw.com/niv.html and
http://www.americanlaw.com/employ.html for general information.
Not easy at all, unfortunately. In order to immigrate, you need to qualify
for one of the immigration categories. Alas, most require a four-year
college degree or equivalent education. Equivalent in this case means 12
years of progressively responsible experience after high school. Given
your age, I suspect that only about six of your 9 years of experience will
actually count.
It *is* theoretically possible to immigrate with your qualifications. In
practical terms, it will be difficult, though. The immigration category
would be EB-3. You would have to find an employer who is willing to
sponsor you and then wait for about five to six years for the paperwork to
get completed before you can join that company.
An H-1B requires that she work *in the field of her degree*. Looking after
your children is most likely not going to qualify, unless your children
are special-needs children and your mother has the corresponding nursing
qualifications.
As long as you do not pursue permanent immigration, you MIGHT be able to
bring your mother with you on a tourist visa, and keep extending that. It
is not an option if you plan to get a Green Card, though, and even with a
temporary visa can be difficult to justify.
That is very good news. You might be able to get transferred with an L-1,
intracompany transferee. This is available without a college degree.
Sorry to say it, but I can't see any practical way to achieve
what you want given your current situation. Your best bet is
probably to get a computing degree then follow the H1-B path.
This gives you a faint glimmer of hope. If your employer can
be persuaded to set up a USA branch to employ you, they may
then be able to transfer you there on an L1 visa. I don't
know for certain, but I suspect the BCIS would be very
suspicious of a US branch of a company which only has a single
worker who is an L1 and whose work is all for the UK (that is,
there's no obvious reason why a US branch is needed).
Gives me a lot to think about !! I will
be in Florida in two weeks time for a holiday, is there anyone I can
speak to there ?
My mother-in-law's degree is in Social Working / Child Care does that
help? or would I still have to prove that there are no US Citizens
available for the Job ??
I have Microsoft Accreditation for my Trade which probably account for
something.
If I legally adopted my stepdaughter in this country would that make
things easier for her. The Legal System here for adoption is pretty
wierd, If I were to adopt her here, my wife (daughter's mother) would
have to give up Natural Birth Rights to her, which in a nutshell means
that she would appear as a foster/adoptive parent on my daughters Birth
Certificate, which I don't expect or want her to do!! Also, her
biological father has never met her, doesn't know where we are etc. what
spin does this put on things
What about purchasing a Business In the US?? I obviously would want
to stick to my trade, is that a possibility? If I purchased a
business could three people be owners for example, me, my wife and my
mother in law ??
Assume I've I gained access to the US to live how long before a Green
Card can be applied for and how long does it usually take (Ball Park)?
I am now looking at taking a degree to assist me in my application, also
my wife has technically done half a degree (2 years) would that be worth
anything, could she transfer that to the US and either 1). Get employeed
(I doubt it) or 2). Continue studying if #2 could she get paid to work
or would she have to be a volunteer ??
Absolutely, yes.
No. Manufacturer certifications do not count for anything, only degrees
from universities count.
I really don't know much about UK adoption laws, but in general, it should
be enough that your wife is related to your daughter.
Yes, but be aware that there is a minimum investment requirement of $1
million for such a visa - and that must all be your own money, you can't
use a loan. So if you want to bring your mother, you'd have to come up
with two million dollars (your wife could come as your dependent).
Also, you need to hire at least ten Americans. If you are willing and
ready to go this route, be sure to hire a very competent attorney. INS in
the past gave people a VERY hard time.
There is another, related possibility: the E-1 or E-2 visa might be an
option. These are treaty-trader visas. The drawback is that it is very
difficult, and quite likely impossible, to ever get a Green Card from
these. On the bright side, you need less investment.
As long as you qualify for one, you can get the process started before you
even leave. In fact, as I indicated in my earlier response, I suspect that
going for a GC directly might be your only option.
How long it will take is impossible to predict, as it depends on quite a
few factors. But in general, expect anything between one and ten years -
realistic is probably about five years without a college degree.
One important point to be aware of is that once you start the GC process,
you may find it very difficult to travel to US as a tourist, or with most
other types of visa. This is one of the reason I said earlier that an E
visa may be impossible to change into a Green Card.
Possibly, if she has an actual two-year degree. Just attending college for
two years does not count for anything, unfortunately.
A student visa does allow limited work authorization; basically, you can
work on campus for up to twenty hours (40 during breaks), and in certain
cases also work off campus.
Working without pay is not allowed unless it is in positions where
Americans would also work unpaid.
