Windcrest, TX Immigration Law Firms & Lawyers

Hello: You can apply for the E-2 and a non-immigrant Waiver. An E-2 Visa is one of the nicest working visas as it allows you to run your own business, and while it periodically needs to be renewed, you can stay here in the U.S. as long as you like on the E-2. Normally, this type of E-2 Visa would require and investment of $50,000 to $100,000U.S. to successfully process. The more capital investment that is required for the business, the higher the investment. Additionally, your spouse and unmarried children under 21 years old can come as beneficiaries to your approved E-2. Your children will be able to go to school in the U.S. without having to get a separate student visa (as long as they are not in college.) The spouse will be permitted to apply for a work permit to work anywhere in the United States. A great deal of the success of the E-2 Petition is how it is prepared. The higher the investment, , the easier it is to get approved. The type of company that would either be purchased or the type of company that would start from scratch is wide open depending on what you would like to do. This petition is usually 2-4 inches thick. It consists of the petition itself, the complex business plan with numerous charts and figures, and if needed, the incorporation papers. Once submitted directly to the Consulate, it takes between one and three months for approval. It can also be submitted to U.S. Immigration for a change of status. The price below consists of preparation of the E-2 Petition, the complex Business Plan and the incorporation charges. My firm can also do the incorporation of the business in the U.S. It is more than simply preparing the Articles of Incorporation as immigration requires many other documents such as the Stock Transfer Ledger, Stock Certificates, Bylaws, Notice of Meetings among other items. *Non-immigrant Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.

Whether you can be naturalized at this time depends upon whether you are married to a US citizen and whether you also applied for an application to preserve residence for naturalization purposes, form N– 407. The reentry permit by itself may allow you to keep the green card, but would not keep your eligibility for naturalization. If you have had a very lengthy absences from the US during the six-year period, a U.S.C.I.S. examiner would likely inform you in the absence of an approved N– 407 that you filed early. The question is how early. If married to a US citizen with a three-year residence requirement, you would likely be filing a month early since the law also allows you to claim 364 days of the year once you finally return to reside permanently in the States on your first day. Please note that you may have a problem with an immigration examiner who is not aware of the rule. Your physical residence requirement of half of the required three years has already been met by your 23 months. Your continuous residence is not broken by an absence of one month. In the event that you are not married to a US citizen, you would have to meet a 30 month physical residence requirement and a 60 month regular residence requirement. On the regular residence requirement, you would again be allowed to claim 364 days of the year since the date that you finally returned permanently to the States on your first day.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.