Hard to go from visit to job visa
QHow can I get permission to stay and work in the United States? I came here on a visitor’s visa. Lasa Smith, Brooklyn
AIt’s not easy. I can’t give you a complete answer in the space of this column, but the U.S. Citizenship and Immigration Services website has helpful information. For a description of nonimmigrant (temporary) employment visas, go to bit.ly/2gDqrJh. For information on permanent residence status which comes with employment authorization, go to uscis.gov/greencard.
With historically low unemployment and with many industries finding it difficult to find qualified workers, you would think our immigration laws would make it easy for foreigners to obtain work permission. Not so.
Unless you marry a U.S. citizen or have another relative who can petition for you, the path to getting employment-eligible status is difficult. You need a hard-to-find skill or talent, or a job that requires at least a four-year college degree in a specific field. Even then, getting a work visa is a complicated process. Even for lesser-skilled jobs, like agricultural worker, getting work permission is difficult.
QIf my wife and I file separate tax returns, will she have a problem getting her permanent green card? I petitioned for my wife and U.S. Citizenship and Immigration Services issued her a two-year conditional green card. Her conditional permanent residence expires April 2019. Carlos Rojas, Annapolis, Md.
AYou and your wife may file separately without impacting her right to get a permanent (renewable at 10-year intervals) green card. Assuming you and she are still together when she petitions for her permanent card, and your returns have the same resident address, they will be good proof that yours is a bona fide or real marriage. A married couple living together may lawfully file separate returns as “married filing separate” — sometimes a couple pays less taxes that way. The problem comes when married people living with their spouse file as “head of household.” A married couple may file as head of household only if they are living apart. To avoid immigration and other problems it’s best if you and your wife are careful to comply with U.S. tax laws.