Is it easier to go to the states as a visitor, then apply for work permit? 4 Answers as of January 16, 2011

I am an American in Ireland, married to an Irish man for 10 years, if we were to move to the States, which would be the easier way to go about it? Should we go over for holidays and then stay and start the process of getting a work permit from there or should we start the process while living in ireland? Should I go over first and get a job and get settled in? My friend did it from Ireland and found it to be a very painful process. Also, so I have sent another email asking about my husband driving license situation as he has a drink driving offense on his record, was doing really well for two years. Then a friend died and he had one bad day and is now up for another hearing. He may be banned again so it will be the second time, how will this affect his chances and can he get a license?

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
You can petition from over there, or come here and petition from the United States and do an adjustment of status. Normally the second is easier. The driving problem should not make him inadmissible to the US.
Answer Applies to: Florida
Replied: 1/16/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Processing his greencard application overseas would be less expensive, but would take much longer and he wouldnt be allowed to come to the US while its being processed. If you and he do come for vacations and decide to stay he could adjust status here and apply for a work card and travel permit while the case is pending. Hed have to be able to go without working for about 3-4 months though since thats how long it can take to get the work card. In terms of his drunk driving offenses, if he has two drunk driving convictions they may force him to wait a number of years before he is allowed to get a green card. It may be better in that case for him to adjust in the US as the officers here are more lenient than overseas.
Answer Applies to: California
Replied: 12/29/2010
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
First, come to the US to settle in, get a job, establish domicile. Then start the process for him while he waits abroad. File I-130, then consular processing. Your husband should get an immigrant visa. This visa will be processed as a green card upon his entry into the US. He can work and live int he US with the green card (legal permanency status).
Answer Applies to: California
Replied: 12/29/2010
The Vega Law Firm
The Vega Law Firm | Linda Vega
Ireland takes part in the Visa Waiver program. This allows a visitor to come to the U.S. for three months and then return to their country without much problem. The Waiver can be an obstacle for someone who is adjusting in the U.S. because they must return to their own country for an interview for their an adjustment of status.

A non-immigrant visa such as a B1-B2 allows you to adjust in the U.S. without having to leave the U.S.

Where is the court hearing? And was he involved in the death of his friend? Please write or call our offices for further assistance.
Answer Applies to: Texas
Replied: 12/29/2010
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