Sep
26

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What happens to the conditional (EB-5) green card of the investor’s wife in case of divorce?

Category: Best EB-5 attorney in Phoenix, Best immigration attorney, Best immigration attorney in Scottsdale, Conditional EB-5 and divorce, EB-5 and divorce, EB-5 job sharing, EB-5 visa, EB-5 visa attorney, Immigration attorney in Scottsdale, Top EB-5 attorney in Phoenix, Top immigration attorney, Top immigration attorney in Phoenix

One way to obtain a legal permanent resident status in the US is through investment (under EB-5 category). The first step is to file a petition for classification as an alien entrepreneur. The petition must be accompanied by evidence that the investor has invested or is actively in the process of investing lawfully obtained capital in a new commercial enterprise in the U.S. which will create at least 10 full-time jobs. One the petition is approved, the investor can obtain an immigrant visa or adjust his or her status to the conditional resident.

If the spouse of the principal EB-5 investor obtains a divorce after the conditional EB-5 resident status is granted, the ex-spouse may still file the petition to remove conditions, and if it is approved, the ex-spouse becomes a legal permanent resident (green card holder).

The petition to remove conditions in conditional resident status must be filed within 90 days before the second anniversary of the conditional status. The petition must document that the conditional resident (i) invested or was actively investing the required capital that (s)he continuously maintained the capital investment over those two years, (ii) created or can be expected to create within a reasonable time ten full-time jobs.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only one aspect of the EB-5 green card process. If you would like to obtain an investment (EB-5) green card, call our experienced EB-5 green card attorney at 480-425-2009 or schedule your consultation online.

Sep
25

By

Can E-2 investment “count” toward EB-5 investment?

Category: Best EB-5 attorney in Phoenix, Best immigration attorney, Best immigration attorney in Scottsdale, E-2, E-2 to EB-5 transition, E-2 visa, EB-5 visa, EB-5 visa attorney, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration lawyer in phoenix, Immigration Lawyer Scottsdale, Top EB-5 attorney in Phoenix

E-2 visa is for investors from treaty countries who invest “substantial” amount of capital into a US business. E-2 visa allows them to manage that business. E-2 visa has to be renewed every few years, depending on the treaty. A major downside of E-2 visa and a significant motivator for converting to the EB-5 green card is the problem of children of E-2 investors who are not eligible for E-2 dependent visas once they turn 21.

While there is no dollar amount for E-2 visa, in order to get EB-5 green card, the investor has to invest at least $900,000 in certain targeted employment areas or $1,800,000 anywhere else. While the E-2 capital investment may be counted towards the EB-5 investment, retained earnings or revenue generated by the E-2 investment may not be counted toward EB-5 investment. The investor must draw funds from the E-2 business and invest personal funds in order to “count” towards EB-5 investment.

In addition, the business must already have created the requisite ten jobs, or demonstrate that it will create the remaining jobs needed to meet the ten-job threshold within two years of the grant of conditional permanent resident status.

Planning and navigating the transition from E-2 to EB-5 can be a complicated process. If you would like to transition from E-2 investment to EB-5 investment and obtain an investment (EB-5) green card, call our experienced EB-5 green card attorney at 480-425-2009 or schedule your consultation online.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only one aspect of the transition from E-2 visa to EB-5 green card.

Sep
21

By

Increased USCIS fees will impact EB-5 applications

Category: EB-5 visa, EB-5 visa attorney

All EB-5 applications postmarked on or after October 2, 2020, must include payment for the new increased filing fee. The new filing fee for the immigrant petition (I-526) is $4,010, the petition to remove conditions on residence (I-829) is $3,900, application for regional center designation (I-924) is $17,795, and the annual certification of the regional center (I-924A) is $4.465. Applications with incorrect fees will be rejected by USCIS and result in significant re-filing delays.

Two lawsuits have been filed against the fee increase in the district courts in California and in DC.  A hearing on the preliminary injunction in the U.S. District Court for the Northern District of California has been scheduled for September 25 and it is anticipated that a decision on the preliminary injunction will be rendered before October 2.

Please note that this article does not constitute a legal advice.  We simplified the law to outline one aspect of the EB-5 green card process.  If you would like us to obtain an investment (EB-5) green card, call our experienced EB-5 green card attorney at 480-425-2009 or schedule your consultation online

Sep
17

By

USCIS Issues Policy Guidance on O Visa

Category: O visa

The Guidance expands upon evaluating O-1 eligibility, including how USCIS officers determine if the O-1 beneficiary has extraordinary ability or achievement. An officer first determines whether the O-1 petitioner has submitted evidence meeting the minimum number of criteria or a qualifying award. If the O-1 petitioner meets the evidentiary requirements, the officer must then consider all the evidence in the record in its totality to determine if the O-1 beneficiary is an alien of extraordinary ability or achievement.

The guidance further clarifies the circumstances under which a petitioner may rely upon “comparable evidence” to meet the evidentiary requirements for certain O-1 beneficiaries. For comparable evidence to be considered, the O-1 petitioner must explain why a particular evidentiary criterion listed in the regulations is not readily applicable to the beneficiary’s occupation, as well as why the submitted evidence is “comparable” to that criterion.

For a case study of one of our O-1 visa approval, click here.

Please note that this article does not constitute a legal advice.  We simplified the law to outline the O-1 visa evaluation process.  If you would like us to obtain O-1 visa, call our experienced O-1 visa attorney at 480-425-2009 or schedule your consultation online

Sep
10

By

Does the period of adjudication EB-5 investor’s Form I-829 count towards the 5-year residency requirement for naturalization?

Category: Investor visa

Conditional permanent residents enjoy the same rights, privileges, responsibilities, and duties as Legal Permanent Residents, including the right to apply for naturalization. In order to be eligible for naturalization, the Conditional Resident must resident continuously in the US 5 years and must be physically present in the US for at least one-half of the 5 years. The time spent as Conditional Resident is credited toward the time required for residence and physical presence in the US for naturalization.

Conditional residents can apply for naturalization, but the naturalization cannot be granted before the Conditional Resident status is removed (before the I-829 is adjudicated).

Please note that this article does not constitute a legal advice.  We simplified the law to outline one aspect of EB-5 process.  If you would like us to obtain a green card through investment (EB-5), call our experienced EB-5 green card attorney at 480-425-2009 or schedule your consultation online

Aug
30

By

What are the income requirements for marriage green card?

Category: Affidavit of support, Best immigration attorney, Best marriage green card attorney in Phoenix, Best marriage green card attorney in Scottsdale, Green card, Green Card based on Marriage, Income, Legal Permanent Resident Status, Marriage Green Card, Marriage green card attorney in Phoenix, Marriage green card attorney in Scottsdale, Top immigration attorney, Uncategorized Tags: , , , , , ,

In order to obtain a green card (legal permanent resident status), the green card applicant must submit an affidavit of support by a sponsor.   The sponsor must be a US citizen or legal permanent resident, 18 years of age, domiciled in the and have an income 125% above the federal poverty line. In 2020, an income 125% above the federal poverty line for a household of 2 people is $21,550, for a household of 3 people $27,150 and for the household of 4 people is $32,750.   The income of certain household members may be included.  If the sponsor cannot meet the minimum-income requirements, (s)he may provide evidence of assets that are readily available or seek a joint sponsor.  The affidavit may not be necessary if the green card applicant already has 40 quarters of earnings in the US.     

Please note that this article does not constitute a legal advice.  We simplified the law to outline one aspect of the marriage green card process.  If you would like us to obtain a marriage green card, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online

Aug
30

By

Does “trade” include only international exchange of goods for purposes of E-1 visa?

Category: Best E-1 visa attorney in Phoenix, Best immigration attorney, Canadian investors in Phoenix, Canadians in Arizona, Canadians in Phoenix, Czech investors, E-1, E-1 visa attorney, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Investor Visa Attorney, Non-immigrant visas, Top immigration attorney, Uncategorized, visa for Canadians Tags: , , , , ,

E-1 visa requires (a) a treaty, (b) the individual or business possess the nationality of the treaty country, (c) the activities the applicant will engage in constitute “trade”, (d) the trade is substantial and (e) principally between the US and the treaty country, (f) if an employee is the applicant, (s)he is destined to an executive or supervisory position or possesses essential skills to the US operation and (g) intends to depart the US when the E-1 status terminates.

The items of “trade” include but are not limited to goods, services, international banking, insurance monies, transportation, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism, technology and its transfer, and some news-gathering activities.   As you can see, it does not have to be only physical goods.  Here is an example.

My client owns a Canadian franchised custom home building and renovation company that offers its clients the home building and renovation services through the company’s network of franchisees. My client formed a US company to engage in the business of offering and granting franchises in the United States.  The Canadian company provides accounting, legal, broker, marketing and training services to the US company.  There is an actual exchange of services and moneys that create transactions considered “trade”.   E-1 visa was approved quickly.

Please note that this article does not constitute a legal advice.  We simplified the law to outline one aspect of E-1 visa.   If you would like us to discuss if you qualify for E-1 visa and help us get you an E-1 visa, call our experienced E-1 visa attorney at 480-425-2009 or schedule your consultation online. 

Aug
30

By

How long does the adjustment of status takes in Phoenix?

Category: Adjustment of status, Best immigration attorney, Green card, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Legal Permanent Resident Status, Top immigration attorney, Uncategorized Tags: , , , , , ,

My clients met online and at the end of the foreign national US visit, they decided they don’t want to be separated any longer and got married.  We filed the petition with the USCIS and an adjustment application last July and the adjustment interview was scheduled for March.   In this case, it took7 months to have the adjustment application approved.  

The USCIS average processing time of the adjustment applications in Phoenix is now 9.5 – 29.5 and it’s been updated regularly.

Please note that this article does not constitute a legal advice.  We simplified the law to outline one marriage green card processing time.  If you would like us to obtain a marriage green card, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online. 

Aug
30

By

Self-petition of abused spouse of US citizen (VAWA) approved

Category: Best immigration attorney, Green card, Green Card based on Marriage, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Legal Permanent Resident Status, Marriage green card attorney in Phoenix, Physical and verbal abuse, Top immigration attorney, Uncategorized, VAWA, VAWA attorney in Phoenix, VAWA attorney in Scottsdale Tags: , , , , , , ,


This case originally started as a regular marriage green card case.  US citizen husband filed for his foreign spouse and their child was born.  Soon after the birth, the US citizen started to abuse his wife verbally and physically.  She tried everything, but at the end had no choice but to leave the household.   We documented the abuse, filed a self-petition for her and have her petition approved.   She can now safely raise her child without worries about her abusive ex-husband. 

Please note that this article does not constitute a legal advice.  We simplified the law to outline one case of an abused wife of a US citizen who we helped to get her green card.  If you are subject to a physical or psychological abuse by your US spouse and need help with your green card process pursuant to the Violence Against Women Act (“VAWA”), call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online. 

Aug
30

By

Can you get a permanent marriage green card if you get divorced?

Category: Best immigration attorney in Scottsdale, Divorce, Immigration attorney in Scottsdale, Marriage Green Card, Marriage green card attorney in Phoenix, Marriage green card attorney in Scottsdale, Permanent green card, Removal of conditions on residence, Top immigration attorney in Phoenix, Uncategorized Tags: , , , , ,

?I am seeing this question often.   Sometime after the marriage green interview, the conditional green card holder contacts my office and tells me that the marriage is not working out for numerous reasons.  It may be a physical or emotion abuse, infidelity, etc.   The conditional green card holder is worried what will happen with his or her permanent green card.

One example is a client of mine who was planning to relocate to live with her new husband in his city of residence.   Having three children, this move required a lot of coordination – finding a job, schools for her kids, saving money, etc.  When she was finally ready to move, she found out that her husband found someone else.  At the end, I was still able to get her the permanent green card because she entered into a marriage in good faith.

As long as the marriage was entered in good faith, the conditional resident may have her or his conditions removed and get her or his permanent green card. 

Please note that this article does not constitute a legal advice.  We simplified the law to outline one aspect of the marriage green card process and removal of conditions on residence.  If you would like us to obtain a marriage green card or need help with the removal of conditions on residence, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online. 

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