How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Guillermo Senmartin Your Own Question

Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 105682
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
9200179
Type Your US Law Question Here...
Guillermo Senmartin is online now

Hello. I am 21 unmarried and live in the UK I want to immigrate

Customer Question

Hello. I am 21 unmarried and live in the UK I want to immigrate to the US my father is a US citizen and is financially stable enough to support me and is going to file a I130 petition for me. I would like to know how long this process will take from filing the form to me being able to leave the UK and if hiring an immigration lawyer would speed up the process at all.
Submitted: 2 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 2 years ago.
Hello and thank you for using our service. My name is Guillermo Senmartin and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one. Also, we have been having technical issues lately. If you respond and you do not see your response, please post again until you can see it because if you cannot see it, I cannot see it to respond.


Unfortunately, hiring an attorney will not speed up the process at all. It could just help to make sure that there are no delays due to errors, but it won't speed up the process. I will explain. Take a look at this link:



http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-february-2014.html

Family-Sponsored

All Chargeability Areas Except Those Listed

CHINA-mainland born

INDIA

MEXICO

PHILIPPINES

F1

01JAN07

01JAN07

01JAN07

01OCT93

15AUG01

F2A

08SEP13

08SEP13

08SEP13

01SEP13

08SEP13

F2B

08JUL06

08JUL06

08JUL06

01MAY93

22MAY03

F3

15MAY03

15MAY03

15MAY03

01JUN93

08FEB93

F4

22OCT01

22OCT01

22OCT01

08NOV96

08AUG90

You are in the F1 category, unmarried son over 21 of a U.S. Citizen. You will see a date there that is 01JAN07. This means that only I-130s filed on or before January 1, 2007 can now be used to immigrate to the U.S. This is a waiting line. There is nothing in the law that allows anyone to jump ahead of anyone else in line not even in the case of an emergency. So unfortunately, if your father files now, in 2014, you would have about a 7 year wait or so until 2007 gets to 2014. Until that time, you cannot immigrate through that petition. I am truly sorry.

I will go over other ways for you to immigrate. There are 5 ways to obtain U.S. Lawful Permanent Residency. They are through family, through employment, through Asylum or refugee process, through investment, or through the lottery.

For family, it must be immediate family such as U.S. Citizen spouse or U.S. Citizen children over 21 in order to be able to come immediately. U.S. Citizen or Lawful Permanent Resident parents or U.S. Citizen siblings, or Lawful Permanent Resident spouses can also help you, but the wait for that is about 4 to 12 years or so. As we have already discussed, through your father you are looking at around 7 years.

Through employment, you would have to generally prove that you would not be taking away a job from a U.S. worker and the less experience and education you have, the harder that is to do.

Through Asylum or Refugee process, you must prove that you will be persecuted, tortured or killed if you stay in your country and that this will happen to you because of your nationality, race, religion, political opinion, or membership in a particular social group, not because you would run the same risk as anyone else in your country to fall victim to a crime or bad economic conditions.

Through investment, you are looking at generally $1,000,000.00 for a residency, or $500,000.00 in an area designated as a high-employment area, plus in both cases the investment has to create 10 or more jobs for U.S. workers.

And through the lottery, it would be very difficult to win one of the 50,000 visas available per year and some countries do not qualify (persons from the UK do not qualify).

Here is a link to the different forms to get a green card:

http://www.uscis.gov/greencard

Then there are some visas available where you can stay temporarily and then later change to Lawful Permanent Residency if you qualify.

Some of the visas available through employment (if you have a job offer and you qualify) are:

H-1B for professional workers

H-2A for seasonal agricultural workers

H-2B for seasonal nonagricultural workers

H-3 for industrial trainees

Then there are the F-1 and M-1 for students and J-1 for exchange visitors.

And then there is the E-1 for treaty traders and E-2 for treaty investors (these types of visas are not available in all countries).

Here is a link to most of the available visas:

http://travel.state.gov/content/visas/english/general/visa-wizard.html

Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That doesn’t help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. After you rate positively, a bonus is always appreciated, and I can still answer additional questions for you without additional charge. Please do not log off without rating positively. It is VERY important for me to receive credit since I receive no salary. You are not charged again. If you would like to request me in the future, just type: FOR GUILLERMO on the subject line. Thank you!


What Customers are Saying:

 
 
 
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
< Previous | Next >
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Ely

    Lawyer

    Satisfied Customers:

    33
    Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Lawyer

    Satisfied Customers:

    33
    Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/EN/enmartin/2015-3-3_20197_a.64x64.jpg Guillermo Senmartin's Avatar

    Guillermo Senmartin

    Attorney At Law

    Satisfied Customers:

    27333
    Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
  • http://ww2.justanswer.com/uploads/ZO/ZoeyJD/2014-6-19_11019_14.64x64.jpg Zoey, JD's Avatar

    Zoey, JD

    Criminal Defense Lawyer

    Satisfied Customers:

    52
    Over 20 years of high volume criminal defense work,including all aspects of a case from arraignment to plea or trial.
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    21
    Spanish Attorney
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
 
 
 

Related US Law Questions