Qualifications For Securing An E-2 Investor Visa

The E-2 Investor Visa is a non-immigrant work visa that allows citizens of certain countries to legally enter the U.S. in order to own and/or run a business enterprise. Those countries must be treaty countries with the U.S. That means, the country must maintain a treaty of commerce and navigation with the United States. The primary requirement of securing an E-2 Visa is that the applicant have a substantial monetary investment in the business. This investment must generally be sufficient to fund the business or enterprise.

Advantages of Limitations of the E-2 Visa

There are both advantages and limitations to the E-2 Investor Visa.

  • Indefinitely renewable:

An E-2 Investor Visa is valid for up to 5 years, but can be renewed indefinitely; as long as there is a need to manage the business, renewal is possible. If the visa is not renewed, the investor must return to his/her country of origin. 

  • Spouses and dependents are covered:

Dependent spouses of the E-2 Visa holder are able to work in the U.S. and dependent

children are able to secure lawful U.S. residency as well. 

  • No green card:

The E-2 Visa does not directly lead to permanent residency or green card status. (more…)

Immigration Courts 500,000 Cases Pending

The New Yorker reports that U.S. immigration courts are facing a backlog of over half a million cases—and each one, on average, takes almost two years to close. Roughly three hundred judges nationwide are responsible for the entire immigration caseload, and hiring is slow—filling a vacancy typically takes about two years, according to the Government Accountability Office. Attorney General Jeff Sessions said that he would try to streamline the hiring process, but in the meantime, judges are being shifted around the country due to the backlog.

For more information on immigration courts, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.

FREE in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2016, Law Offices of Gail S. Seeram. All Rights Reserved.

Trump Travel Ban Partially Enforced & Reviewed by U.S. Supreme Court

On June 26, 2017, the U.S. Supreme Court decided to hear the case relating to Trump Travel Ban executive order when it reconvenes in October 2017. In the meantime, the Court will allow the administration to implement parts of Trump’s second executive order, which bans the entry of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen from the United States and suspends the admission of all refugees for 120 days.  In a narrow decision, the Court ruled that the government can only enforce the Trump travel ban against foreign nationals “who lack any bona fide relationship with a person or entity in the United States.”  This outcome is both disappointing and confusing.  Parents, spouses, children, in-laws and stepchildren qualify as “close family.” But grandparents, aunts and uncles do not.

There is no doubt this standard will create confusion and that, despite the narrowness of the Court’s decision, the administration will attempt to go further than permitted by the Court in deciding who can enter the U.S.  In granting a partial stay, the Supreme Court has determined that individuals from the six countries (all of which have Muslim populations of more than 90 percent) and all refugees can be blocked from entering the United States if they lack the requisite relationship to a person or organization

The Trump travel ban (sometimes known as a Muslim Ban) refers to an Executive Order signed by President Donald Trump on March 6, 2017. This Executive Order is the second of its kind and among other provisions, suspends the entry of foreign nationals from Iran, Libya, Sudan, Somalia, Yemen and Syria for a period of 90 days; freezes the refugee admissions program for a period of 120 days; and slashes the refugee numbers by one half. The litigation around Muslim Ban 2.0 was immediate and resulted in two federal court decisions blocking the most controversial portions of the travel ban. (more…)

I’ve Been Granted Work Authorization in The USA. Can My Spouse Work?

Congratulations! We are pleased to hear about your work authorization. My Orlando Immigration Attorney serves Orlando and Central Florida cases. We can advise you on the requirements for your spouse to work in the United States.

Who Is Authorized to Work in the United States?

U.S. employers must ensure all their hires, regardless of citizenship or national origin, are authorized to work in the United States.

Lawful permanent residents are authorized to work in the U.S. since their Green Card is evidence of their employment authorization. People who have a nonimmigrant visa that authorizes them to work for a specific employer have their H-1B, L-1B, O, or P visa as evidence of employment authorization.

Asylums, Refugee, and nonimmigrants must apply for an Employment Authorization Document to be able to work (more…)

Learn About the Provisional Waiver Program and The Recent Changes

The Provisional Waiver Program allows immediate relatives of U.S. citizens to apply for a waiver of unlawful presence before leaving the United States. The Provisional Waiver Program allows spouses or children of U.S. citizens to apply for such a waiver before their departure instead of after leaving to attend their consular interview.

Have you or a loved one accrued unlawful presence in the United States? My Orlando Immigration Lawyer serves Orlando and Central Florida cases. We can help you apply for a waiver before leaving the United States.

Immediate relatives of U.S. citizens who have, after the age of 18, accrued unlawful presence in the U.S. of 180 days or more, are not allowed to return to the U.S. for three years. Immediate relatives who have accrued unlawful presence of one year or more prior to leaving the U.S. are barred from coming back for ten years.

Have you or an immediate relative accrued unlawful presence in the United States? My Orlando Immigration Lawyer serves Orlando and Central Florida cases. We can help you (more…)

U.S. Citizenship cannot be revoked over False Statements

In the recently decided U.S. Supreme Court case, Maslenjak v. United States, 6/22/17, the justices unanimously rejected the government’s position that a naturalized U.S. citizen can be stripped of U.S. citizenship based on misstatements during the naturalization proceedings or on the citizenship application.  A government lawyer argued that failing to disclose a speeding violation could be enough to revoke citizenship even years later.

Justice Elena Kagan stated that the law required a tighter connection between the lie and the procurement of citizenship.  “We hold that the government must establish that an illegal act by the defendant played some role in her acquisition of citizenship,” she wrote. “When the illegal act is a false statement, that means demonstrating that the defendant lied about facts that would have mattered to an immigration official, because they would have justified denying naturalization or would predictably have led to other facts warranting that result.”

The case concerned Divna Maslenjak, an ethnic Serb who had refugee status and became a United States citizen in 2007.  During the application process for U.S. citizenship, (more…)

How to check processing time for an immigration filing?

Since the Trump administration, we have seen longer backlogs and numerous errors in processing immigration petitions filed with U.S. Citizenship and Immigration Services (USCIS). Every year USCIS adjudicates approximately 6 million petitions and applications for immigration benefits, such as naturalization applications, adjustment-of-status applications, change-of-status applications, and employment authorization petitions and applications.

There are a few ways to check on processing time of a pending immigration filing:

1 – Check processing time at a field office or service center – CLICK HERE

2 – Check visa availability for a Form I-130 (family-based) or I-140 (employment-based) filed and pending – CLICK HERE

3 – Check the status of a petition filed with USCIS based on receipt number – CLICK HERE


Express Deportation Under Trump

According to the Miami Herald, federal prosecutors in criminal cases are asking district judges to issue what are known as “judicial orders of removal,” which ensure that a convicted foreign national will be deported on completion of the sentence instead of being sent to an immigrant detention center to await proceedings in immigration court and then a deportation order from an immigration judge. The new “express” deportation under Trump, implements the Attorney General’s April 11, 2017, memorandum expressing a “renewed commitment to criminal immigration enforcement,” is purported to shorten the wait time for deportation, bypass backlogs in immigration court, and save the federal government money in housing and food in immigrant detention centers. 

The usual legal process for foreign nationals convicted of a crime in federal court was a transfer to immigration authorities upon completion of their prison terms for initiation of deportation proceedings in immigration court.  Trump administration officials hope the judicial orders of removal lead to an assembly line of deportations straight from the federal penitentiary and back to the countries from where the foreigners came — a sort of “express deportation” under Trump that skips the legal process in immigration court.  Several have already been issued in Miami federal court since Trump took office in January in cases involving sentencing of foreign nationals in felony cases. (more…)

Trump says Dreamers Stay & DACA (Deferred Action for Childhood Arrivals) will remain in effect

The Homeland Security Department announced on June 15, 2017 that it would keep in place the Deferred Action for Childhood Arrivals (DACA) policy, allowing undocumented immigrants brought to the U.S. as children to remain in the country.  In effect, Trump says Dreamers stay and has broken his key campaign promise to terminate DACA and immediately deport all illegal immigrants under the DACA program.  DACA recipients will continue to be eligible as outlined in the June 15, 2012, memorandum executed by President Obama.

In June 2012, President Obama announced that certain young people who were brought to the United States as young children, who do not present a risk to national security or public safety, and meet several key criteria will be considered for the relief of deferred action for two years and will be eligible for work authorization.  Under this directive, (more…)

739,478 Overstay in the U.S. in 2016

U.S. Custom and Border Protection provides data on departures and overstays, by country, for foreign visitors to the United States who entered as nonimmigrant visitors and were expected to depart in fiscal year 2016. The report specifies that U.S. Customs and Border Protection (CBP) processed 50,437,278 in-scope nonimmigrant admissions at U.S. air and sea ports of entry who were expected to depart in fiscal year 2016—of which 739,478 overstayed their admission, resulting in a total overstay in the U.S. of a rate of 1.47 percent.

Out of the total population, of the more than 21.6 million Visa Waiver Program (VWP) visitors expected to depart the United States in fiscal year 2016, 147,282 overstay in the U.S., with 128,806 suspected in-country overstays (a .60 percent suspected in-country overstay rate for VWP travelers). Of the more than 13.8 million non-VWP visitors—excluding Canada and Mexico—expected to depart the United States in fiscal year 2016, 287,107 overstay in the U.S., with 263,470 suspected in-country overstays. This resulted in a 1.90 percent suspected in country overstay rate.

Of the 1,457,556 students and exchange visitors scheduled to complete their program in the United States in fiscal year 2016, 79,818 overstay in the U.S. beyond their authorized window for departure, (more…)