If I apply for a tourist visa, will I be able to eventually obtain a green card?
In short, yes.  There are two major areas of immigration law, permanent resident and non-permanent resident immigration.  Many of you know permanent residence to mean obtaining a green card, which can ultimately lead to Citizenship.   Non-permanent residence (also known as a non immigrant visa) includes temporary visas such as tourist visas (B1 or B2 visa) or temporary work visas (H1B temporary skilled worker visa) or even fiancé visas (k1 visa) and spouse visas(k3 visas). 

Temporary visas can sometimes be a good start to legally living in the United States before applying for permanent residence.  For example, a fiancé visa can quickly lead to a conditional green card through marriage.  A marriage visa can also lead to a green card.  Some temporary work visas can lead to a employment based green card through proper planning and application.  However, it is always important to keep the issue of “preconceived intent” in mind. 

In some visa applications such as tourist visas (B-2 Visa) the visa applicant’s intent must be such that they intend on returning home and do not intend on staying in the US.  When an applicant tries to adjust status from a B2 visa (tourist visa) to a F1 Visa (Student visa), the USCIS will look very closely at the applicant’s intent at the time of filing for a tourist visa application.  If the USCIS concludes that the B visa holder intended to gain admission to the US as a student, the change of status to F-1 student status will be rejected and a visa fraud will be presumed.  More specifically, if a request to change from B-2 to F-1 occurs within 60 days of entry into the US, USCIS will likely interpret the change of status as preconceived intent.  

Another common preconceived intent is adjusting status from F-1 Student Visa status to permanent residence or green card status immediately upon entry into the US on a student visa.  In contrast, a work visa such as a h1b visa has “dual intent” allowing a h1b holder to adjust status to lawful permanent resident status.  Common ways to obtain a green card from an h1b are through an employment based green card or marrying a US citizen and adjusting status as an immediate relative.  Once you are a lawful permanent resident after waiting the requisite amount of time and complying with other necessary requirements you will eventually be able to naturalize to a US citizen.
      
The main point is that there is much interplay between non immigrant (temporary visas) and immigrant visas (permanent residence – green cards). Through proper planning and application, your immigration goals can be achieved, sometimes all at once, and sometimes one step at a time.  But how you execute the plan is as important as the plan.

This is a question that causes a lot of confusion.  The answer is no.  However, a fiance visa can quickly lead to a green card (permanent residency).  A fiance visa (k-1 visa) enables a US Citizen to bring an overseas fiance to the United States so that the couple can get married.  The marriage must take place within 90 days of the overseas fiance entering the United States.

 If the marriage does not take place within 90 days, the fiance must leave the United States, and extensions are not granted to the k1 visa. The good news is once the marriage takes places within the 90 days, the overseas fiance can and should apply for a green card if the couple intends on living in the United States.  Once the green card application is issued, it will be on a conditional basis for two years.  After the two years is up and the couple is still married and together, the condition can be removed through application.   If the couple is not married anymore it becomes very complicated.  It seems straightforward enough, but frequently it is not. 

It is well known that an overseas person marrying a US Citizen may qualify for a green card.  Unfortunately, the United States Citizenship and Immigration Services knows that almost everyone knows and generally pays much closer attention to applications relating to fiance visas and spouse visas (k-3 visas), and marriage green cards. It becomes even more complicated if the couple is not together anymore.  The purpose of the additional scrutiny to fiance visas, spouse visas, and marriage green cards is due to the governments concern of fraud.  The government knows many couples applying for green cards through a marriage and fiance visa are solely for immigration status purposes and not for “love.”  Consequently, even the most legitimate of relationships are scrutinized to determine if they really are marriages of love and not marriages of immigration purposes.
 
The worst case scenario is a legitimate marriage for love is denied and the couple is either required to live apart or move to another country.  Less harsh consequences are an application may be substantially delayed due to additional scrutiny causing stress in the couples lives and in some cases forcing the couple to put their lives on hold.  For these reasons, it is important to put your best case forward and show that your relationship and your marriage is for love.  And it is just as important to put your best case forward the first time to save on reduce the risks of being delayed and put through significant amounts of stress.

Marriage and fiance visas are an excellent way to bring your loved one to this country.  And if done right, it will ensure that your next holiday season will be spent with your loved ones.

Immigration refers to the movement of people from one country to other.  While the movement of people has existed throughout human history at various levels, modern immigration implies long-term, legal, permanent residence in that country. Short-term visitors and tourists are considered non-immigrants. Immigration across national borders in a way that violates the immigration laws of the destination country is termed illegal immigration.
 Under this definition, an illegal immigrant is a foreigner who either illegally crossed an international political border, be it by land, water, or air, or a foreigner who legally entered a country but nevertheless overstays his/her visa in order to live and/or work therein.
Among all the countries,  immigrating to the United States of America is consistently one of the most popular choices for overseas nationals wishing to make a new start, further their career, or join family members overseas. With huge cultural diversity and geographical variety, applying for immigration to the USA can provide a wealth of opportunities for potential US immigrants.
A citizen of a foreign country, wishing to enter the U.S., generally must first obtain a visa, either a non-immigrant visa for temporary stay, or an immigrant visa for permanent residence. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel.
A visa allows you to travel to the United States as far as the port of entry (airport or land border crossing) and ask the immigration officer to allow you to enter the country. Only the immigration officer has the authority to permit you to enter the United States. He or she decides how long you can stay for any particular visit. Immigration matters are the responsibility of the U.S. Department of Homeland Security.
There are two categories of U.S. visas: immigrant and non-immigrant.Immigrant visas are for people who intend to live permanently in the US. Non-immigrant visas are for people with permanent residence outside the U.S. but who wish to be in the U.S. on a temporary basis such as for tourism, medical treatment, business, temporary work or study.
Approximately 28.4 million foreign-born people live in the United States, representing 10.4 percent of the U.S. population.International visitors and immigrants add greatly to USA’s cultural, education and economic life, according to American Demographics, adding about $10 billion a year to America’s economic output. More important is the contribution immigrants and their children make just by being there to provide workers and leaders for the future. If today’s immigration totals hold steady, it will account for about two-thirds of U.S. population growth over the next 50 years.

 
Gerald Cipolla & Associates specialize in
immigration lawyers chicago  and us work visa chicago  services.

The H-1B is a non-immigrant visa under the Immigration and Nationality Act used in the United States. It provides the opportunity to foreign guest workers in   U.S. specialty occupations . It allows U.S. employers to employ them. H1B Visa is a skilled workers visa basically which provides  occupation job offer and suitable background to the specialty occupation.

 Specialty Occupation is generally a written and experienced proper  application of best knowledge of any field including engineering, architecture, mathematics, social sciences, physical sciences , education, medicine and health related, law category, accounting related, business specialties, theology, and the arts and any bachelor’s degree or its equivalent as a minimum for entry into the occupation in the United States.  The foreigner worker must have minimum a bachelor’s degree or its equivalents and state license. H-1B work-authorization process is strictly followed by  the sponsoring employer to employment.

The H1B visa program is an immigration method for employers to  get  International professions in United States of America. The H1B visa provide abilities to US employers to find foreign professionals for a particular  period of time for a specific job. The H1B visa allows the workers who have special skills which are insufficient  in the home country to work in the US for a specified or particular  period of time mentioned in the visa.
One major point  that makes the H1B so strong in demand is that it has a  dual resolute  feature. This means that a visa will not be denied to a person easily because that person has objective of getting a P R of that country. In case of accepting ,if for some reason the permanent residential is refused, the person will still have the purpose to back home. The position offered to a person having best and appropriate skills and that the person has the distinctive credentials for the job. The employment of a foreigner worker never evil the great employment opportunities of US workers.
Duration
H1B Visas are valid for a fixed period of 3 years and may be renewed once in a period of 6 years. It is very competitive process to obtaining an H1B Visa as the US government because it makes only 65,000 visas available in each year. The first date of apply for it, in each year is April 1. As in 2007 for work beginning in October 1, 2007.
certification application has been filed in case of one-year extensions if a labor  and is pending for at least 365 days
if it has been approved then three-year extensions

How can we apply for it ?
Applying for H-1B visa is not a more complicated procedure.  There are some cases exist when your application can be rejected if it is found incomplete or contains incomplete data. So, be aware  while filing the application form for H1B work visa.
H1B Visa application Process:
The H1B Visa is applied only by employer on the behave of employee. The employment letter provides specific information about addressing and position, exact duties information.
The prevailing wage and actual wage determined by the State Employment Security Agency by filling a special form, it is related with the  skills , experience and responsibilities  needed for the job. 
Labor Certification Application (LCA) : This form contains basic information about the employer. The employer agrees to pay that wages . This includes many options like health related, life, medical fitness, retirement related, stock  and bonuses regarding options.
When the LCA is approved, then the Department of Labor (DOL) will provide a certified extra copy to the employer for future reference.
Assembled & filed all appropriate certificates :This part  include the required forms, fees charges, documents and information about education & experience related documents, professional memberships proof, all training certificates, employment agreement and support letter. 
Waiting  for next processed :  The processing time is about three or four months and it may vary according to service center and the visa.
Receipt issued :It includes 9 digit reference number , processing times of H1B and other general information .  
Prospective employer notice: It mailed to the person to provide information about  this receipt and outlining information on processing times for approval etc.
Approval Notice  : An approval notice includes dates of valid period for the foreign worker in U.S.

This company easily recognize the issues faced by people in case of immigrate to the United States, during the process of immigration and issues that arise after immigration. Please do inform us to discuss all circumstances and how we can help you to finishing the doubts and you will get response back within few minutes during business hours.
   
Gerald Cipolla & Associates specialize in H1b visa  and H1b visa lawyer services.

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