US Citizenship

Atrbiohazard

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Me and Dowzer are trying to get him US Citizenship. He went in today and got denied because of him being a student, no current income, and no family in the US. They said that if the courses he wants to take are in Canada, he can not come to the US to take them. We've gone through the options of the citizenship and either he finishes the course he's on in a month or two and never goes back to school so he can come (I won't let him do this) or we wait 4-5 years so he can finish his schooling and get an income going. This option we both really don't like but if it's the last thing we can do, we'll do it.

I started thinking and thought of a Visa instead for now. He can get either an H-1b Visa for work OR a F-1 Visa for university/college.

We don't think he can get both Visa's. I've never done this Citizenship/Visa stuff so I'm at a loss. For the F-1 Visa, he can not take any off-campus jobs until the INS gives him approval to work off-campus after a year in studies.

He will probably come on here later when he gets up and post more information that I can not give. We're actually looking for advice from people who have gone through this Visa/Citizenship stuff for US or knows a lot about it. Neither of us have gone through this before and it's a lot more confusing than I thought it was.

Any help is much appreciated.

Thank you,
Atrbiohazard & Dowzer
 
If I could arrive on both a work and student visa, it'll help to ensure things run smoothly...I'm sure we'll be financially secure while I'm going to college, but it's just always good to be reassured. Most colleges that I've looked up only require a year or two of full time school..After being in school, I would become an apprentice and work. I would be an apprentice for 2-4 years. During these years I would only be in school for exams until I obtain a contract to legally start my own business. (This is how most apprenticeship's work, that I have researched)

I know a student visa can't be permanent...I'm worried that after I'm finished with school, if I'll be required to leave the country or not. Until we can find more info about this ourselves...I'm really wondering if I can go with a student visa first and then apply for a work visa? I'm hoping that I'll just be able to change citizenship after I'm finished with school. If that's still not possible, that's why I wonder about the work visa.

Any help would be great help...

Darkdante, you know that's ~actually~ one way I can get my citizenship. I kid you not. :P
 
Dowzer said:
If I could arrive on both a work and student visa, it'll help to ensure things run smoothly...I'm sure we'll be financially secure while I'm going to college, but it's just always good to be reassured. Most colleges that I've looked up only require a year or two of full time school..After being in school, I would become an apprentice and work. I would be an apprentice for 2-4 years. During these years I would only be in school for exams until I obtain a contract to legally start my own business. (This is how most apprenticeship's work, that I have researched)

I know a student visa can't be permanent...I'm worried that after I'm finished with school, if I'll be required to leave the country or not. Until we can find more info about this ourselves...I'm really wondering if I can go with a student visa first and then apply for a work visa? I'm hoping that I'll just be able to change citizenship after I'm finished with school. If that's still not possible, that's why I wonder about the work visa.

Any help would be great help...

Darkdante, you know that's ~actually~ one way I can get my citizenship. I kid you not. :P

Disclaimer: I'm not an immigration expert. A lot of my experience took place before or immediately after 9/11 and the subsequent reorganization of the (now former) INS, so regulations may have changed. If you can consult an immigration lawyer, I would highly highly recommend you do so. If you are looking at going to school here, call up the colleges and speak to the person in charge of their international students to get some idea of what the requirements and restrictions are.

Getting a work permit or becoming a citizen in the US through legal channels is a lot more difficult than most people realize. I can't emphasize enough how much help our lawyer was; if you can afford this or work out some payment plan or whatever, it's worth it ten times over.

You can only hold one type of visa at any given time. Depending on regulations, the transition from one type to another may involve leaving the country and coming back, but it's been a while so I forget all the ins and outs. I first came to the US when I was 13; my dad was going to school for his MBA (the restrictions on dependents of students are worse than those on students). I later came back to go to college on my own student visa.

If you can wing it, I'd definitely say go for H-1B. Unless things have changed though, there are a fairly limited number of these, they can be difficult to obtain, and you may be tied to your original employer.

For an F-1 visa, you can only work part-time, on-campus for most of the time; you need to get approval for any other employment. In order to get the visa in the first place, you have to show that you have enough money to pay for some period of schooling (I forget how long exactly). Since you have to pay international student fees, this can add up to quite a bit (my tuition and fees was two or three times what an in-state student would pay, nevermind that I had lived in the same place since Jr. High; because I was a dependent of someone on a student visa, I was not allowed to be a resident). Also, since you have shown while applying that you can pay for X period of schooling, it is assumed that that will be what you will live off of (not work)--for example, my dad lost his job pretty early on as I was here for school, but school officials would not allow me to work because we'd already shown that we could afford school, though because of the change in circumstances there were other priorities for our savings now. You also have to carry a full course load with a minimum grade average, I forget the specifics.

As to what happens after school: you get some number of months that you can stay and work for. After that, I believe you must exit the country.

Another thing to keep in mind: some of the 9/11 guys had come to the US on student visas. So things have gotten more strict for students. I would imagine that how strict depends on the state you're in (specially if it's a border state), the type of school you're looking at (big, small, traditional college, technical college, whatever), and you--your past and any criminal convictions, etc., and probably your ethnicity.

There is an immigration "lottery" each year that (I believe) anyone can apply for. Winning this is no guarantee of getting residency, but rather it lets you interview and start the process with INS, and if they don't find you objectionable, you can become a resident and work in the country ("green card"). This is not something to count on, but it doesn't hurt to try; my sister actually got this, but until then, I had never actually met anyone who won the fabled lottery.

If you do get married, you have to document that your marriage is real and not just a ploy to get in the country. Take lots of pictures. Show that both your families are involved and approve, if possible. Put your bills, housing, and bank accounts on both your names and keep a paper trail. File your taxes jointly, etc. I'm not sure what the time is from getting married to getting a work permit, but after X time, you go in and speak to an immigration official. Our interview was brief and not stressful, but: 1) this was before 9/11; 2) my husband and I both are pasty white nerd people; 3) we had tons, and I mean TONS of documentation; and 4) we had an immigration lawyer who ensured that all the prep work and forms had been filled out correctly, and who came to the interview with us with his own stacks of documentation. If this goes well, you can now work and are considered a "conditional permanent resident." You can have the conditional status removed some number of months or years after; this is to ensure that people don't just fake a marriage, get their permit, and split up. After you become an actual resident, it's again some number of years until you can apply for citizenship; however, as a resident, you are free to look for work or go to school or whatever. You do however have to notify the INS every time you move, and you need to keep your passport etc. from your original country up to date. You also need to notify immigration and get permission in advance if you plan on leaving the country to visit family or go on vacation, etc.; failing to do so may forfeit your status.

If you guys have some more questions I'd be happy to talk to you in game or on AIM; same for my husband. His character in game is Lucetta.
 
anesly said:
You can only hold one type of visa at any given time. Depending on regulations, the transition from one type to another may involve leaving the country and coming back, but it's been a while so I forget all the ins and outs. I first came to the US when I was 13; my dad was going to school for his MBA (the restrictions on dependents of students are worse than those on students). I later came back to go to college on my own student visa.

If you can wing it, I'd definitely say go for H-1B. Unless things have changed though, there are a fairly limited number of these, they can be difficult to obtain, and you may be tied to your original employer.

The problem with this, is I'm worried about finding a job with only a high school grad. As it's already fairly hard to here, the most I've made on wage is $15.50 per hour....However, even if it does pay good money... that was manual labor and I can't do that my entire life.

I'm in the middle of starting a career that I can be involved with for the rest of my working life. I want to become an electrician and that requires years of in-school and on the job training. A problem I've realized, which is another reason why I want to take a course in the US. Is that if I get my contract in Canada, I'll only be a liscenced electrician in Canada. I'm quite sure each country has their own electrical code, as well as their own courses to become certified. This is why I don't want to 'wing it' with an H1b visa. I could become an electrician without going to school.....but in all reality, that's a risk I don't want to take. It would mean that I'm not actually liscenced to start my own company and I would be under someone elses thumb while working for their company. Besides that, there are too many safety concerns that I would much rather learn in school before being on the job.

H1b isn't really an option for me it seems. Instead of being in dead end jobs, I need to get on with my life

anesly said:
For an F-1 visa, you can only work part-time, on-campus for most of the time; you need to get approval for any other employment. In order to get the visa in the first place, you have to show that you have enough money to pay for some period of schooling (I forget how long exactly). Since you have to pay international student fees, this can add up to quite a bit (my tuition and fees was two or three times what an in-state student would pay, nevermind that I had lived in the same place since Jr. High; because I was a dependent of someone on a student visa, I was not allowed to be a resident). Also, since you have shown while applying that you can pay for X period of schooling, it is assumed that that will be what you will live off of (not work)--for example, my dad lost his job pretty early on as I was here for school, but school officials would not allow me to work because we'd already shown that we could afford school, though because of the change in circumstances there were other priorities for our savings now. You also have to carry a full course load with a minimum grade average, I forget the specifics.

First of all, I need to make sure that the Tech School I'd like to enroll in is accepted by the INS. I worry about this because I'm having doubts that an electrician apprenticeship course will be counted as a full course load. Secondly, paying course fee's shouldn't be a problem. However, living expensives can be quite hard to budget...This is why I'd really like to find a job while going to school. I'm sure that a financial advisor could help with this. I imagine finding a job on campus will be very difficult...but very convenient if I happen to find one.

anesly said:
As to what happens after school: you get some number of months that you can stay and work for. After that, I believe you must exit the country.

This is what concerns me the most. For the type of career I want, I believe I'll only be liscenced in America. If or when I have to return home, I'm pretty sure I'll have to take a similar course all over again to be liscenced in Canada. I'd like to be able to stay and start a company....However I don't think I'll be able to do this unless I'm a permanent resident. If I could come back and work under a H1b visa, I still don't think that I could start my own company. This is what I'll need to contact an immigration lawyer for.

Do you know if there is any way to obtain residency through the career I've chosen? I imagine getting a 'green card' is very hard to obtain, as my parents have already warned me. I'm worried about how long it will be inbetween being sent back home to Canada and changing from a student to a work visa. I'll have to talk to Immigrations Canada about this, or perhaps a lawyer could tell me.

anesly said:
If you do get married, you have to document that your marriage is real and not just a ploy to get in the country. Take lots of pictures. Show that both your families are involved and approve, if possible. Put your bills, housing, and bank accounts on both your names and keep a paper trail. File your taxes jointly, etc. I'm not sure what the time is from getting married to getting a work permit, but after X time, you go in and speak to an immigration official. Our interview was brief and not stressful, but: 1) this was before 9/11; 2) my husband and I both are pasty white nerd people; 3) we had tons, and I mean TONS of documentation; and 4) we had an immigration lawyer who ensured that all the prep work and forms had been filled out correctly, and who came to the interview with us with his own stacks of documentation. If this goes well, you can now work and are considered a "conditional permanent resident." You can have the conditional status removed some number of months or years after; this is to ensure that people don't just fake a marriage, get their permit, and split up. After you become an actual resident, it's again some number of years until you can apply for citizenship; however, as a resident, you are free to look for work or go to school or whatever. You do however have to notify the INS every time you move, and you need to keep your passport etc. from your original country up to date. You also need to notify immigration and get permission in advance if you plan on leaving the country to visit family or go on vacation, etc.; failing to do so may forfeit your status.

I could see us being ready for this kind of commitment atleast a few years down there road or after I'm finished school...However, I couldn't possibly get married just to become a resident in another country. I come from a family with a fragile marraige... I know it wouldn't only hurt her and I if we made a quick decision to get married and have things fall through. It could hurt both sides of our family. That's something I wouldn't ever be able to risk. It would have to be something we both really want....using it as a ploy to become a citizen would be quite unresponsible, immature, and not truthfull imo...

anesly said:
If you guys have some more questions I'd be happy to talk to you in game or on AIM; same for my husband. His character in game is Lucetta.

That'd be great, but you have so much already :) If I run into some problems I won't hesitate to grab your contacts from your above post. I really think the only questions I have left can be answered by immigrations or a lawyer...If you don't mind telling me what happened after your student visa up, your personal experience could help me understand what will happen when I finish school as well... I'm not sure if you stayed to work there, but that's what I'd like to do.

Thanks for giving me some detailed information about this, I'm sure it will help when it comes time to talking with immigrations or a lawyer.
 
Disclaimer: I'm not a lawyer, anything I have to say is based on experience and hear-say, not professional knowledge.

A few URLs that might be useful to look over:

US visa types
M-1 (vocational student) Visa regulations
NAFTA professional worker regulations
US Department of Labor info: electrician

I'd be skeptical about the prospects of getting into the US strictly to be an electrician. If you were willing to try a more round-about path, you might (MIGHT) have better luck in a job that's either higher demand or lower supply. Maybe high-voltage lineman, biomedical technician or electrical engineer; something in that immediate vocational neighborhood wouldn't be very tough to jump from later on. Also if you went the engineering route, not only would the visa be the more typical F-1 visa but work would be easier to find after school, there would be more likelihood of getting an H1-B visa, and there might be NAFTA provisions you could leverage. I hear people these days average 3 separate careers throughout their working lives. Even if you stayed within electrical work (defined broadly), you would be bucking the trend.

As far as the electrical codes go, while you would have to relicense going from US to Canadian, the infrastructure seems to be largely the same so it seems like it would be a question of tolerances and details as opposed to any major fundamental differences. And god knows it would be a real bonus to be able to say you're good to go on both sides of the border. Might be something to work towards regardless of where you end up.

Now I would never for a second suggest you get married for the purpose of immigrating to the US... but that said, don't for a second let that become a negative factor. If you two decided to get married, it would be an added bonus and not something to feel at all guilty about. Also, you have nothing to lose from participating in the Diversity Lottery, so if you seriously want to live in the US, enter every year on the off-chance you get picked. The odds are low but thousands of people get interviewed every year.

I'm frequently online and I'm very rarely doing anything important, so never hesitate to drop me a /tell if you have any questions. Even if we don't know the answer, we can try to point you in the right direction.

Lucy
 
I have sent an email to one of my customers, who is an Immigration Attorney, to see what advice they may be able to offer.

If you would like to contact them.

Chapman Law Firm
(336) 334-0034
http://www.chapman-immig.com

Dowzer, if you could please post any relative information you can (excluding sensitive information). Are you a Canadian Citizen, What is your course of study, Age?
 
I'll leave all the info for him to give. Sorry I'm not replying. I AM reading this topic and discussing it with him but all of this is gibberish to me. I'm not replying so I don't make myself look like an idiot when I think I understand something and it's not what I thought it was. xD
 
Hmmm..I was hoping that my career choice would be enough. However you make a good point about jobs that are higher in demand....I could become an Electrical Engineer, but it would take a lot more time than the route I've chosen. I'll have to upgrade HS Math/Phsyics for course requirements. I've had past experience with autocad programs from drafting courses in HS, but I didn't take Phsycis and I took the essentials of Math instead of principals. This seems like a viable choice to get an H1b after I finish in college/technical school.

Pascal said:
I have sent an email to one of my customers, who is an Immigration Attorney, to see what advice they may be able to offer.

If you would like to contact them.

Chapman Law Firm
(336) 334-0034
http://www.chapman-immig.com

Dowzer, if you could please post any relative information you can (excluding sensitive information). Are you a Canadian Citizen, What is your course of study, Age?

I'm a 20 year old Canadian citizen, born and raised in the general Vancouver area. Graduated from high school in '03.

I'll try sending an email or getting into personal contact, I hope they can answer a lot of my questions. Thanks for the referral, it should surely help :)
 
My experience with INS was primarily near 9/11. I am an American Citizen (born and raised in Oregon) and my husband is a Canadian. We met online and traveled back and forth for about 9 months before he moved down here so we could marry. I consulted with an immigration attorney before he came down. At the time we were considering the fiance visa (which is very very complicated). The attorney I spoke with advised me of our options. She basically told me in not so many words that considering our circumstances our best option would be for my (future) husband to come into the states as a tourist (no visa needed) for a period of a month or more and for us to "just decide" to get married while he was down here.

I actually flew up to Canada and we drove down together (we crossed the border on 9/11 shortly before the twin towers were hit). We waited a month, got married, then started our proceedings with INS. If I remember correctly he had to wait about 90 days before he could get a work permit.


We just recently recieved our letter telling us that my husband is now a permanent resident with all conditions removed! Now we just have to go up for a new INS card. He is still deciding whether or not he wants to apply for citizenship.

At one time I was quite knowledgeable about the different visas etc as we did a lot of homework before making our decision but it's been so long and so much has changed that it wouldn't be of much help.

I wish you luck on whatever path you choose. Sounds like you're doing your homework so you're off to a good start. It can be a bit intimidating but everyone I've ever worked with from INS has been very kind and helpful.
 
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