How do I get a U.S. Green Card as an Optometrist?

[HunOpt]

I am currently a Canadian citizen that will be attending school in the states on a studies-related visa (aka just an I-20 form/F1 visa) which starts in august. In 2015, I will be a graduated and licensed Optometrist. I would have lived in the U.S. for 4 years and attained my O.D. doctorate here. I want to work in the U.S after. How can I get my green card?

Exclusions:
- I do NOT have any relatives in the U.S.
- I do NOT want to work for someone once I am done school, i would like to start my own practice in the states.(so hopefully no H1B visa or whatnot).
- I do NOT want to marry someone in the states.

So essentially, is it too much to ask for to be able to live and work in the states after going to school there for 4 years and paying over 150 000 dollars to their US institution as a Canadian citizen? What are the possible routes to obtaining permanent residency status if I apply this summer before the start of school so that my student visa status is transformed to permanent resident status by the time i complete my doctorate in optometry? Thanks a lot for the help!

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[KHE]

I am currently a Canadian citizen that will be attending school in the states on a studies-related visa (aka just an I-20 form/F1 visa) which starts in august. In 2015, I will be a graduated and licensed Optometrist. I would have lived in the U.S. for 4 years and attained my O.D. doctorate here. I want to work in the U.S after. How can I get my green card?

Exclusions:
- I do NOT have any relatives in the U.S.
- I do NOT want to work for someone once I am done school, i would like to start my own practice in the states.(so hopefully no H1B visa or whatnot).
- I do NOT want to marry someone in the states.

So essentially, is it too much to ask for to be able to live and work in the states after going to school there for 4 years and paying over 150 000 dollars to their US institution as a Canadian citizen? What are the possible routes to obtaining permanent residency status if I apply this summer before the start of school so that my student visa status is transformed to permanent resident status by the time i complete my doctorate in optometry? Thanks a lot for the help!

You're going to have a lot of problems unfortunately.

There are really only two feasible ways to obtain permanent residency.

1) Through family.
2) Through employment

Your F1 visa status can not be "transformed" to permanent residency because a student visa is a non immigrant classification. You will need to apply for a new visa type, either in the employment or family category.

You will not be able to start your own practice because no one will loan you any money as a non resident. You're going to have to sort out your immigration status first. As such, unless you m arry an American, you're going to have go the employment route which in your case is almost certainly going to mean a large academic institution or research corporation of some kind.

For an employer to sponsor you, it's a very time consuming and expensive proposition which most small to mid size employers simply won't want to take on because it's an expensive nightmare and a myriad of expensive forms and paperwork.

If afraid from what you've described, you've got a real tough road ahead of you. Think very carefully about this because it is highly likely you will go through school and end up back in Canada. If you're not comfortable with that, you may not want to shell out all that dough.

 

[HunOpt]

You're going to have a lot of problems unfortunately.

There are really only two feasible ways to obtain permanent residency.

1) Through family.
2) Through employment

Your F1 visa status can not be "transformed" to permanent residency because a student visa is a non immigrant classification. You will need to apply for a new visa type, either in the employment or family category.

You will not be able to start your own practice because no one will loan you any money as a non resident. You're going to have to sort out your immigration status first. As such, unless you m arry an American, you're going to have go the employment route which in your case is almost certainly going to mean a large academic institution or research corporation of some kind.

For an employer to sponsor you, it's a very time consuming and expensive proposition which most small to mid size employers simply won't want to take on because it's an expensive nightmare and a myriad of expensive forms and paperwork.

If afraid from what you've described, you've got a real tough road ahead of you. Think very carefully about this because it is highly likely you will go through school and end up back in Canada. If you're not comfortable with that, you may not want to shell out all that dough.

- But what if my family is able to support me through this process and give me funds to start up my own business? Also can you shed any insight into EB1, EB2 visas or I have heard there is an Eb5 visa rout which is pretty much saying if you invest 500k into a US regional center you can get permanent resident status within a year (that in my opinion is ridiculous, and not a viable option)...Does being an optometrist, not fall under any special consideration to be granted PR status?...

 

[KHE]

- But what if my family is able to support me through this process and give me funds to start up my own business? Also can you shed any insight into EB1, EB2 visas or I have heard there is an Eb5 visa rout which is pretty much saying if you invest 500k into a US regional center you can get permanent resident status within a year (that in my opinion is ridiculous, and not a viable option)...Does being an optometrist, not fall under any special consideration to be granted PR status?...

http://www.uscis.gov/portal/site/us...nnel=ae853ad15c673210VgnVCM100000082ca60aRCRD

There is the link to the USCIS Green Card Page.

You would not qualify for an EB1 visa.

You could try for an EB2, though you would need a job offer. That's not a visa you can get by simply wanting to open your own practice.

Being an optometrist does NOT fall under any special consideration category. There is no national interest waiver available for optometrists.

Here's a link to the EB-5 VISA.

http://www.uscis.gov/portal/site/us...nnel=facb83453d4a3210VgnVCM100000b92ca60aRCRD

It would be inconceivable that a new optometry school graduate would be able to start or maintain a practice that would require 10 full time jobs.

So then the only route becomes investing in a troubled business and with respect to optometry, you wouldn't be able to meet those requirements either.

Again.....your best bet is to marry an American person or get on board with an academic institution until you get a green card. Then you're free to do what you want.

 

[HunOpt]

what do u mean by, "get on board at an academic institution"? Like work for the school i graduate from as a prof? Are you able to be a prof with just an OD degree?

 

[KHE]

what do u mean by, "get on board at an academic institution"? Like work for the school i graduate from as a prof? Are you able to be a prof with just an OD degree?

You will need to do a residency as well. But in general, that's going to be your best bet. And even that isn't a great option because there are usually more than enough qualified people applying for academic positions where the school doesn't have to deal with the cost and expense and filling out your paperwork. You're going to have to be a real standout.

This is one of those situations where I would come here with the full intention of moving back to Canada. If it works out for you here, that's great. But don't come down here counting on it.

 

[impaction]

- But what if my family is able to support me through this process and give me funds to start up my own business? Also can you shed any insight into EB1, EB2 visas or I have heard there is an Eb5 visa rout which is pretty much saying if you invest 500k into a US regional center you can get permanent resident status within a year (that in my opinion is ridiculous, and not a viable option)...Does being an optometrist, not fall under any special consideration to be granted PR status?...

You definately can get your GC by investing 500k.

How-

1.You have to proove that the money has been acquired lawfully,
2.You have to invest that money in any business, which is in a targeted employment area( rural area with a population less than 20k or where unemployment is 150%)
3. you have to hire 10 us citizens as employees for 2yrs.

2nd option is you can give your 500k to a regional center which is a company, they will invest it in one of their projects. you will get ur GC.
If that project is a success then u are a winner. If that project fails then u know where ur money has gone!!

IM me if u need any detailed opinion, i have done a lot of research on it

 

[KHE]

You definately can get your GC by investing 500k.

How-

1.You have to proove that the money has been acquired lawfully,
2.You have to invest that money in any business, which is in a targeted employment area( rural area with a population less than 20k or where unemployment is 150%)
3. you have to hire 10 us citizens as employees for 2yrs.

It would be inconceivable that any new graduate of an optometry school could set up a practice that costs $500,000 AND hire 10 full time employees, ESPECIALLY in an rural area with a population less than 20000.

My practice is 40 years old. We have two full time doctors. We do not have 10 full time employees ourselves.

2nd option is you can give your 500k to a regional center which is a company, they will invest it in one of their projects. you will get ur GC.
If that project is a success then u are a winner. If that project fails then u know where ur money has gone!!

IM me if u need any detailed opinion, i have done a lot of research on it

In that scenario, you're basically paying $500,000 for a green card. What good is that? You could spend $20,000 and do one of those sham marriage things and come out much further ahead.


This investing of $500,000 is not the way you want to go. I've actually been through this process myself and I too have done all the research. Trust me when I say, your easiest fastest route is to marry someone. If that's not the case, get on board with an academic instutition for a couple of years and be done with it.

 

[Optogal]

So essentially, is it too much to ask for to be able to live and work in the states after going to school there for 4 years and paying over 150 000 dollars to their US institution as a Canadian citizen?

There is a reason for this. The laws aren't meant to keep folks like you (or other Canadians studying legitimate degrees at legitimate US schools - imagine doing a BA, MA, PHD all at Harvard and being ineligible for US citizenship) out of the US. It's to keep the immigration system from being grossly abused via this pathway.

The issue is - if they allow students to transfer student Visas into green cards, then what stops folks from creating diploma mills in the US, charging exorbitant fees for 4 years, just as a means for prospective students to become US citizens? There's some 3000+ accredited colleges/universities in the States. Wouldn't some just turn into an entry-to-US pathway institution? It would be an uncontrollable loophole.

If, then, you say restrict student-to-green applicants to legitimate schools/programs - where do you draw the line? HYPS is OK - but what about the SUNY? What about the state univ of Colorado? What about optometry? It would be an impossible slope to enforce. So they don't enforce it. They deem it simply not an option.

 

[hornbrook law]

Marriage fraud for immigration purposes, otherwise known as citizenship marriage fraud, is generally where a person from another country who is not a US citizen marries a US citizen solely to obtain citizenship in the US. Americans are allowed to marry anyone from any country, and with marriage, their spouses are granted instant citizenship. As such, the practice of non-citizens paying US citizens, primarily with money, although occasionally sexual favors will also be given, for entering into marriage has become a main many non-US citizens enter into becoming legal US citizens. In 1986, in large part to crack down on "sham" marriages, the US passed the Immigration Marriage Fraud Amendments, which was amended in 1990 and 1994, primarily to protect spouses who become entrapped in abusive marriages, as well as to prevent marriage annulment fraud and other marital fraud incidents that were at that time on the rise.

A marriage fraud charge is a life-altering offense with consequences that can tear apart a person’s life.

Possible Penalties
* Permanent Deportation with a Lifetime Ban on Ever Becoming a US Citizen
* Permanent loss of all US benefits
* Annulment of the marriage
* Imprisonment

 

[Shnurek]

Hey that is what http://www.russianbrides.com/ is all about 😀

There was even a documentary about this where loser American guys would pay thousands to fly and see their prospective brides and pay thousands to fly them to America and marry them. Its kind of sad that this loophole exists.

I'd rather have an educational citizenship attainment program.

 

[imemily]

Marriage fraud for immigration purposes, otherwise known as citizenship marriage fraud, is generally where a person from another country who is not a US citizen marries a US citizen solely to obtain citizenship in the US. Americans are allowed to marry anyone from any country, and with marriage, their spouses are granted instant citizenship. As such, the practice of non-citizens paying US citizens, primarily with money, although occasionally sexual favors will also be given, for entering into marriage has become a main many non-US citizens enter into becoming legal US citizens. In 1986, in large part to crack down on "sham" marriages, the US passed the Immigration Marriage Fraud Amendments, which was amended in 1990 and 1994, primarily to protect spouses who become entrapped in abusive marriages, as well as to prevent marriage annulment fraud and other marital fraud incidents that were at that time on the rise.

A marriage fraud charge is a life-altering offense with consequences that can tear apart a person’s life.

Possible Penalties
* Permanent Deportation with a Lifetime Ban on Ever Becoming a US Citizen
* Permanent loss of all US benefits
* Annulment of the marriage
* Imprisonment

I figure I'll just chime in since I'm here.

How would the government even know if it was a fraud? I mean, love IS a strange thing. heh.

 

[KHE]

I figure I'll just chime in since I'm here.

How would the government even know if it was a fraud? I mean, love IS a strange thing. heh.

I've been through the process, though it wasn't a sham. We've been married 11 years now.

When you apply for a green card through marriage, eventually they call you in for an interview. Mine was easy. They took one look at me, one look at her and stamped my passport.

However, if they suspect it's a bogus marriage, they'll start asking you questions like "what side of the bed do you sleep on" or "what's her favorite food."

Sometimes they'll even separate you and ask you questions. When I was going through the process, I was searching some internet boards and one person actually said they asked him his mother in law's SHOE SIZE. lol Can you imagine such a thing? I don't know my wife or kids shoe size never mind my mother in law.

 

[folderdh]

What if you work in a hospital setting? Would they be more willing to sponsor you?

 

[impaction]

It would be inconceivable that any new graduate of an optometry school could set up a practice that costs $500,000 AND hire 10 full time employees, ESPECIALLY in an rural area with a population less than 20000.

My practice is 40 years old. We have two full time doctors. We do not have 10 full time employees ourselves.



In that scenario, you're basically paying $500,000 for a green card. What good is that? You could spend $20,000 and do one of those sham marriage things and come out much further ahead.


This investing of $500,000 is not the way you want to go. I've actually been through this process myself and I too have done all the research. Trust me when I say, your easiest fastest route is to marry someone. If that's not the case, get on board with an academic instutition for a couple of years and be done with it.

why do u want to involve in illegal activities, when u can do the things illegally..
M against sham marriages..
I would rather invest 500,000 $$ and open 5 optometry clinics, hire 2 employee in each and involve in managing those & will get my GC, rather than sham marriage...

KHE if your mind can`t think +ve, then dont advice others to involve illegally in sham marriages

 

[KHE]

why do u want to involve in illegal activities, when u can do the things illegally..
M against sham marriages..
I would rather invest 500,000 $$ and open 5 optometry clinics, hire 2 employee in each and involve in managing those & will get my GC, rather than sham marriage...

KHE if your mind can`t think +ve, then dont advice others to involve illegally in sham marriages

Please....

That response was tongue in cheek. I was not seriously suggesting that someone commit VISA fraud or enter into a sham marriage.

I have been through that process. I came from Canada in 1996. I've looked at every possible angle so I'm speaking from experience here. I am telling you that the only way to do this is through employment or family.

The concept of investing $500,000 in an optometry practice is absurd. The requirements are ridiculous, the paperwork massive AND you're responsibe for creating 12 NEW jobs (you can't just buy an established practice for $500,000) and maintain those jobs for 2 years.

Not only is it a horribly difficult way to try to obtain a green card, it's a HORRIBLY bad investment. You would never want to sink that kind of money into that type of investment. If you've got $500,000 kicking around, a cold start up optometry practice is not where you want to invest it.

 

[itek2OD]

Well, what KHE said😉.

FWIW, I think its early for you to eliminate marriage before you start optom school. It is the easiest and best method for the long-term to get your green card.

Without marriage, I humbly suggest working wherever you can for 1 year as the F-1 OPT training, (if you need the extra year after graduation to think about it, AND you don't have to pay taxes!😎) then TN status --> H1B ---> GC.
You would need a immigration lawyer to get TN status IF you don't work as a research assistant or teacher in an academic post-secondary institution. If you google TN status (probably more hits as TN visa, though its not a visa) you will learn all you need to know. The research assistant TN status is your easiest short-term (>5 years, though there is no limit) solution to work in the US, though you would be limited to working for a university. I think a good immigration lawyer should be able to argue an OD is ok for TN status, especially since RN's, VMD, DMD's accountants, etc are on the list, but that's for you to research with some lawyers. And even if you do all that -- you will be working for someone.

Can't think of anything that will let you work in USA and be your own boss outside of marr....



Maybe while you are in school your admin can put you in contact with a local lawyer that has helped previous Canadian students in your situation.

Just curious, ( no pressure ) why don't you want to return to Canada?