Legal Question in Immigration Law in New York

I have a relatively simple..I hope question re: Green card issuance and work permit.

- Im 29 years old

- EU citizen

- Been in the US 10 years on F1 Student visa, then OPT, then H1B work visa.

- Been for the past year living in Bangkok with my now wife (american), whom i've been with for 9 years since our college days in Boston

- I lost my H1B when i lost my job last October 2008. I lost the "sponsorship", but I still have the H1

We want to move back to NY in a month, BUT I don't have a green card and have not started the process.

I need to be able to work as quickly as possible in the US, so I want to know what the best thing to do is...to minimize the amount of time without working.

From What I understand is that I need to apply for 1. Parole, 2. EAD and then 3. Green card once I get the the former.

I was told that since I am married I can work as no one can come after me, even though ofcourse technically im not supposed to.

My wife and I just want to be able to come back, work....and probably move back to Asia in a few years. We want to have complete mobility and do not want to be stuck in the US without being able to travel out waiting forever for permits, etc.

Hopefully you'll have some answers, suggestions and you can let me know how much you would charge for doing this.

Thanks.

Federico


Asked on 10/21/09, 5:40 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

That's not really a "simple" question. You misunderstand the steps in immigration process applicable to your situation.

Your US citizen wife has to petition for you first. When her petition is approved you will apply for an Immigrant visa. With an immigrant visa you can travel back to USA and can start work immediately.

If you are no longer work for H1B employer, under no circumstances can you return to USA misrepresenting yourself as still working for H1B employer.

If you�d like to schedule a telephone legal consultation, please let me know, and I�d be glad to help: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If a follow-up advice on your specific situation and regarding U.S.A. immigration-related issues is requested, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 10/26/09, 11:04 am


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