Immigration Q & A
Author by Edward Boreth
|Q. My friend invested $100,000 in a business in the US and got his papers. How is that possible? I though the minimum was $1 million investment?
There are several possibilities for how your friend was able to obtain immigration benefits through investment. He might have opened a company as a branch of another company he owned in his home country, or he might be a citizen of any country that has an investment treaty with the United States, such as Canada, the United Kingdom, Trinidad & Tobago, Pakistan and many others (but not India). For nationals of those countries, a relatively small investment is possible to obtain an investor visa. The investment must be active and the investor must show that the business will employ US citizens or permanent residents. Our office has had success with investor visas where the investment amount is even under $100,000, but it depends on the unique facts surrounding each investment. This visa even allows one to bring in specialists from the investors home country to work in the US company. If you are interested in getting an investor visa, the first step is to develop a business plan. With this plan, consult an immigration attorney to determine if the investment qualifies.
Q.I received my permanent resident card through marriage to US citizen. My green card was issued for two years. It will expire in six months. I was told that I need my husband’s signature to extend my card, but things have gone badly in our marriage. We are having a lot of problems, and I am worried that he will not agree to sign to renew my card. What shall I do?
The advice in this column may not apply to your specific situation, even if it seems similar in nature. The only way to obtain legal advice is by speaking with a qualified attorney and reviewing your specific circumstances. If you have any questions, please call me at (954) 522-4115.
Edward Boreth is an immigration attorney who has practiced law for 20 years. He is a director of the Citizenship Clinic. He is also an avid cricket fan.
|Q. I am a US citizen. My son is 20 years old. He is visiting the US on vacation. I want to apply for his green card. Does he first have to go back home to his country?
A. Not necessarily. Since your son is under 21 and you are a US citizen, he is entitled to an immediate preference visa. That means he can adjust his status from visitor to permanent resident inside the United States at the same time as your petition for himis being considered. That way, he can stay here while the process is going on. If he leaves now, he will have to consular process his visa – receive it at the US consulate in his home country. That may take 6-12 months. In any case, you better hurry. If you file the paperwork after he turns 21, he will have to wait for many more years before he can get his green card.
Q. After I get my US citizenship, how long can I travel outside the United States?
Q. I have lived in Canada for the last 18 years. About 8 years ago, while I was still a teenager, my father obtained green cards for the whole family. I still have the card, although none of us ever moved to the US or used the card. Is the card still valid and can I move to the US with it now?
Q. I came to the United States more than 20 years ago. I applied for LULAC and was denied. My son, who was born in the US, is now turning 21. Can he file for my green card or will I have problems?