Legal Question in Immigration Law in New York

I am an Australian on the Visa Waiver Program, I arrived on May 3rd. I have been looking for jobs in Advertising, I have a 3 year University Degree Bachelors of Communications major in Marketing and have been working in Marketing/Advertising for 5 years - I've been looking for a job in Advertising so I can apply for an E-3 visa here. I also have been living with my girlfriend for the past 7 months - we have talked about getting married, is my best option to go with the E-3 visa (though employers are immediately turned off by any mention of a visa) or best to get married and go through that process?


Asked on 6/16/10, 8:54 am

3 Answers from Attorneys

Luba Smal Smal Immigration Law Office

If your girlfriend is a US citizen, you might be able to become a permanent resident after marriage. As to E-3 visa for Australian, it's usually not that expensive and hard on an employer as some other work visas.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com

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Answered on 6/16/10, 12:03 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

You can apply for EB3 visa stamp at a U.S. Consulate in Australia since you have a bachelor's degree. The main obstacle is an employer willing to offer you temporary employment. Additional information is here: http://www.uscis.gov/files/pressrelease/E3_010606PR.pdf

Please note that you cannot be granted "change of status" within the U.S. to E3 since you entered on visa waiver program. Thus,

Marriage to U.S. citizen will allow for all sponsorship paperwork to be filed concurrently, and you will receive employment authorization document (EAD) while you wait for adjustment of status granting you resident status in the U.S.

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for any additional guidance.

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Answered on 6/16/10, 12:07 pm
Alexander Tsiring The Tsiring Law Firm, P.C.

You can apply for E-3 visa, but you will have to do so through US Embassy in Australia as you entered on Visa Waiver Program.

You can apply for green card if you marry U.S. Citizen, without leaving USA.

If you have further questions or need further help, you can contact our firm.

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Answered on 6/16/10, 12:11 pm


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