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Entering US for school/work H Visa

Discussion in 'Investment, Work Visa' started by Daps, Aug 22, 2008.

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  1. Daps

    Daps Law Topic Starter New Member

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    I am a US citizen, living as a perm. resident(landed imm.) in Canada for all but the first 11months of my life. I am married to a cdn and we have a 19yr. old daughter.
    The rest of my extended family are Americans and reside there.

    My daughter wants to enroll in college in California. The school's protocol is to file for a F1 for her. From my understanding of an F1, while studying in the states under that umbrella, she is unable to work off-campus. Her future employment endevours will no-doubt leave her wanting to stay in the states and work in her area of study once school is completed. Her studies will offer limited range back in Canada.
    I understand that the only way she can work is to apply for a green card, which she can't do while under the F1 for the 3yrs she will be in college.
    I started reading on this website about the K3/K4, is there a better advantage to this form rather than enrolling her with a F1? If we apply for a GC for her and she then applies for a K4, can she enroll in school on the K4, while waiting for her GC approval? Is she able to reside in the US on the K4, without us (me the American parent) before the GC approval is complete.

    Or, Is it also correct that for my daughter (and husband for that matter) to obtain a GC, that I would (as the American) need to establish residency in the states first or I need to have residency in the states for her at some point before the close of the GC application process, which leads me too..
    What length of time is considered "residency" in the US for myself, before filing or gov't approving their GC's? Or can I rather just own property there and not physically live there?
    We all have SSN/ID #'s for some American tax incomes we all receive and file dual taxes to the Cdn/Amer. gov't. Is it true that you cannot go back into Canada while under any of these forms, and while GC's are pending...?

    My husband and I are giving some very serious consideration to re-locating to the US, we just really don't know which is the best way to enter that would allow schooling and employment and inevitably them receiving green cards.
    Also, I'm told that nobody in my family other than myself, can sponsor her for a green card,(my whole extended family are American and perm. residences of US). True?

    I know I have alot of questions I need clarity with here and hiring an Immigration Lawyer is likely inevitable, but at this time I would really appreciate a better understanding of my situation before doing that. I greatly appreciate your services!


    D.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I wish I could help you on this and I do think that hiring an Immigration lawyer might be inevitable. You've got so many different options here and the answers will be probably a lot longer than just a post. :)
     

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