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So how do I do it?

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M

maple leaf lawyer

Member
What is the name of your state? Canada

OK, bottom line: I'm a Canadian lawyer with a growing practise, and I would like to expand my law firm to the US and become a dual citizen. My time line is sometime in 2009, but I'm flexible. So how do I do it?
 


I

ImmigAttyLana

Senior Member
Did we not go through about 2 pages of posts back and forth on this topic with the same exact question and did you not get the answers that you kept getting confirmed and reconfirmed by myself and other posters?

Please read the complete post and all the answers to your question that you posted previously. The answers are not going to change now just because you start a new thread. It's still the same process as it was two weeks ago.
 
M

maple leaf lawyer

Member
I'm sorry - I just came out of a five-day trial, and, like all divorces, this was emotionally tiring, so I'm not making myself clear.

I was referring to the specifics. My plan is to hook up with a law firm and build their Chinese base, which I should in theory be capable (in theory) of doing. My problem is that, while I know some people in Seattle, the big markets are in California and New York, which are quite far from Vancouver.

I was thinking of this way: I get a H1-B to work in the US, and, in conjunction with a law firm, start building up the business in, say, LA, where I have contacts in the Chinese community. If that succeeds, the law firm can sponsor me permanently. To get a H1-B, do I have to be an American lawyer, or can I be a consultant and build the business? I understand that, if I have American lawyers with me, I can start a law firm

As I write this, I understand that the US may be thinking of immigration reform, so they have a point system like Canada for skilled labor, so maybe I should wait until after the 2008 election. By that time, my firm may be ready to go to Toronto as well, so I will have more bargaining power. Any thoughts?
 
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I

ImmigAttyLana

Senior Member
I certainly would not count on any immigration reform in the near future that would make the US system similar to the Canadian system.

As for your being employed by a US firm as a consultant, I am not sure how that would be considered a specialty occupation that would rqualify you for a H-1B visa.

If you want to be able to actually practice law, then you need to be admitted to a US jurisdiction. You can certainly try to be hired as a consultant but I am not sure that this will yield a H-1B visa for you.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 
M

maple leaf lawyer

Member
OK, if I get my Washington State license, I understand I can get a TN-1, and it can be upgraded to a green card.

Can I ask how I can upgrade to a green card? What's the test? Thanks.
 
E

evcalyptos

Senior Member
Stanley Foo said:
OK, if I get my Washington State license, I understand I can get a TN-1, and it can be upgraded to a green card.

Can I ask how I can upgrade to a green card? What's the test? Thanks.
Click to expand...
TN is NOT a dual-intent visa.
You still have to be sponsored by someone for a Green Card (I've only heard of TN--PR via marriage to a USC).
 
I

ImmigAttyLana

Senior Member
Nothing is upgraded. It is a completely separate petition process to go for a green card. For that the employer has to be willing to petition for you and that petition process can take a year or longer and during that time the employer has to conduct recruitment and after that file various petitions with the DOL and then USCIS. Only if and when those are all approved, can you get the green card. The TN would certainly be a good start but realize that just having a license to practice law does not give you a TN. You have to have an employer that offers you a position and then writes the letter of support for you to get the TN. It is not something for which you can self-sponsor.

The other thing is that to get a license you have to take the bar exam. As you probably know, those are only given twice a year: in february and in july. Only if and when you pass the bar exam are you licensed to practice law. Therefore, the job can only start (you can be hired) only after you are actually admitted to the bar of that state. That is when the permanent residence process can start. At this point, since you've missed the July bar exam, if you take the February 2008 bar exam, you will not be admitted until probably at least April or May 2008 and that is when you can be hired and start the process of permanent residence on the basis of employment.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 
M

maple leaf lawyer

Member
You're right. I thought that, with NAFTA, Canadians who have American licenses can apply at the border and then get permission to work in the US. Thanks for setting me straight. I guess I can speak to some of my fellow learned friends about sponsoring me.

As for the bar exam, I know I have to take it, and I'm biding my time with the bar courses. I'm beginning to wonder if I can immigrate, given the hurdles.
 
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I

ImmigAttyLana

Senior Member
Well, if you want to work as an attorney, you might as well start with the bar exam in a state like WA which is going to be considerably more easy, generally speaking, than in a state like CA or NY where the passage rate is very low and the exam is much more difficult.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 
I

ImmigAttyLana

Senior Member
It should not be hard as long as you are qualified for the position of lawyer and the law firm offers you a valid position with the firm and can pay the prevailing wage for that position in the Seattle area.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 
M

maple leaf lawyer

Member
I'm making my inquiries as to taking the WA bar, and I hope to start with a bar course soon.

In the meantime, my dad's god-daughter is an American citizen, and her daughter was born in LA. I don't suppose there's any remote chance that god-daughter can be deemed my "sister" and sponsor me, is there? :D
 
I

ImmigAttyLana

Senior Member
No, and even if she were, a petition by a US citizen sibling takes about 10-12 years so this is not going to be a practical solution to your circumstance.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 
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