Looking to migrate to the USA

[sbirdyboy]

Hi all
I have a Uncle, Aunt and Cousins in Phoenix USA.
I am looking to migrate to the USA but am coming up with all sorts of problems.
I am a 48 year old Crane Driver by trade and I want to move myself, wife,43 and two children age 20 in July and 18 too.
I have contacted law firms on line and they are proving unsuccessful. I sent £250.00 British Pounds to one firm of which they sent me nothing. I have someone who will sponser me from the USA but this is a complete different trade I would be going into.
I have read reports of people investing in starting up businessess in the USA and losing all their money as the people they trusted to set them up were not legitimate. I have spent many hours ringing people for advise and emailing people and not getting anywhere. Im not too sure what visa to apply for to enable me and my family to be permanent residents in the USA everytime I find one that seems to suit my needs I find out later that they have clauses applied to them. My wife has her own Cleaning and Ironing business back in the UK and has also worked in the Retail Business as Sales staff.
My son is a qualified Plumber but would be willing to learn a new trade and my Daughter has just started work in a Health and Beauty shop and will be learning the trade . Any help would be greatly appreciated, as I have been trying to research this possibility since October last year and not getting anywhere fast. Can any one help me please ?

Yours faithfully
Steve and family
PS
Came across your web site in the sun newspaper.

[Susie]

Hi all
I have a Uncle, Aunt and Cousins in Phoenix USA.
I am looking to migrate to the USA but am coming up with all sorts of problems.
I am a 48 year old Crane Driver by trade and I want to move myself, wife,43 and two children age 20 in July and 18 too.
I have contacted law firms on line and they are proving unsuccessful. I sent £250.00 British Pounds to one firm of which they sent me nothing. I have someone who will sponser me from the USA but this is a complete different trade I would be going into.
I have read reports of people investing in starting up businessess in the USA and losing all their money as the people they trusted to set them up were not legitimate. I have spent many hours ringing people for advise and emailing people and not getting anywhere. Im not too sure what visa to apply for to enable me and my family to be permanent residents in the USA everytime I find one that seems to suit my needs I find out later that they have clauses applied to them. My wife has her own Cleaning and Ironing business back in the UK and has also worked in the Retail Business as Sales staff.
My son is a qualified Plumber but would be willing to learn a new trade and my Daughter has just started work in a Health and Beauty shop and will be learning the trade . Any help would be greatly appreciated, as I have been trying to research this possibility since October last year and not getting anywhere fast. Can any one help me please ?

Yours faithfully
Steve and family

PS
Came across your web site in the sun newspaper.

Hello Steve and a warm :welcome: to expatsvoice,

Sorry you are not getting anywhere fast and in some ways not surprised as immigrating to the USA can be so complicated.

There are various ways to move to the USA and will try and put in brief details below.


1. If you have a USC mother, father, brother or sister, they can petiton for an immigrant visa on your behalf. Your Uncle , Aunt or cousins cannot.

2. If you have a UK business, profitable and employing approx 6 people, your UK company can apply for an L visa (inter company transfer) for you. Your wife and children (under 21 years old) if approved would get an L 2 visa. This would allow you to set up your own business in the USA and eventually could lead to a green card. Please be aware that the new USA company MUST have same share ratio as the UK company

The problem here is you have a child who is soon to be 21years. The first L visa is usuallt only given for one year, then you (subject to accounts) should get a further renewal for an extra 2 years. About 6 months before the 2 years is up your US company would sponcer you for I 140 and if approved this is the go ahead to change status to green card so there does not appear to be enough time to change status to green card so your eldest will age out at 21years

3, You say you have someone to give you a job offer. Have you a degree or special skills ? This would be a H1B visa and and could lead to a green card, again I am concerned there is not enough time to protect your eldest from aging out

H1B visa's are subject to visa numbers available. The time to put paperwork in is in April 07 for an Oct 07 start date. It is not easy for a friend of the family just to offer you a job and get a visa it is not that simple

4. Buying a business Investment visa

There are 3 types and 2 could lead to green card.

If you invest $1 million USA dollars, this will get you and your family a greed card. As substaintial busiess this may be in an area of your choice

If you invest $ 500,000 USA Dollars it is possible to get green card, but there are restrictions such as you have to invest in an area with high unemployment etc., there are other rules


If you invest say $250,000 and buy a business or start up business, this will only get you an E visa

The E visa only allows you to stay in the USA whilst you take an active interest in the business so you cannot retitre. Your Children will need to find a way to stay in the USA as when they become 21 years old have no status. Most E children go to University,hopefully get sponcered for a job, H1B etc.,


This is only briefly my thoughts and sure many will reply to you but if you have any questions just ask

Are you going to vist Florida soon? If so your welcome to come and meet a few of us at our committee meeting

[InnVic]

very thorough answer Susie...was that a freudian slip with "greed card" if you have $1,000,000 to invest ;)

[sbirdyboy]

Hi Sue, thank you for your information which was very helpful. It is such a struggle to get the correct information to enable us to get out to America .
Could I go down the road that I get a H1B and be sponsered by my Uncles friend who owns his own company doing all kinds of floor laying but I have no skills or experience in this field. Any idea how long the sponsership lasts and does it need to be renewed after a certain period of time and would they need to know that I had no skill and training in this field. Look forward to hearing from you. Steve and many thanks

[peter gold]

Sue has said it all.
The H1B is a quota visa ( for certain SKILLED ) workers and you will have to wait to the next allocation by which time your 20 year old will be over 21 and need his own visa status. Sorry to be negative

[Kriz1]

To get an H1B you will need a degree....or 12 years in the field of work you are going into....the company has to prove no American can do the job ..floor laying would not really be the kind of job that would get you an H1B...it would need something in the Tech field etc....

[sbirdyboy]

Thanks Peter, Suzie and Kriz 1 , looks like the risky E2 visa is the only way through. If im the holder of the E2 treaty visa can my wife,son and daughter apply for a work permit and if so could that lead to a green card on their behalf. ps. cant believe it is so hard to get into America we are supposed to be their friends / buddies.

Steve

[InnVic]

Thanks Peter, Suzie and Kriz 1 , looks like the risky E2 visa is the only way through. If im the holder of the E2 treaty visa can my wife,son and daughter apply for a work permit and if so could that lead to a green card on their behalf. ps. cant believe it is so hard to get into America we are supposed to be their friends / buddies.

Steve
Sadly only spouse can work - son (and in time daughter) will have to leave the US at age 21 unless they can arrange visa on their own merit.

[anniefromessex]

Hi Steve,

Welcome to the site, and welcome to the stresses and strains of trying to live and work out here!!

It is not easy and, yes, we are meant to be their buddies but that doesn't give us any brownie points as far as they are concerned.

Good luck in whatever you decide. Any questions and I'm sure there is somebody who will be able to answer; there are a lot of very knowledgeable people on here who are more than willing to help.

Annie

[Sharon]

Hello Steve, welcome

It does seem your only way to the USA is an investmant visa. (E ) unless you have a half a million or millon dollars to invest.

Your children do not have any status at 21years unless they get student visa and go to university and get a degree. They then would need to find someone to give them a job offer and sponser them for a H1B which if employer agrees could lead them to green card.

Once your child has hen green card for 5 years they can then become USC and petition mum , dad and sibling for green card

[Susie]

Hi Steve,

I do hope that you feel we are trying to be helpful and not putting a downer on your dreams.

We all seem to have to go through, or round hurdles but it can be done if you truely want it badly enough

With regards to your funds going astray, I agree you have to be very careful which attornies escrow account you choose,

Do not use an immigration specialist! Use an immigration attorney, one that is a member of the Bar assn and AILA.

Not all attornies belong to the bar assn, so be careful who you choose. If they are a member of the bar then you should have your funds protected

You may wish to search #BBC radio 5 # on this site and listen to it. Think you will find the contents very intersting

[Kriz1]

If you're going for an E2 make sure its something you would want to do for a long time...don't take anything just to get a visa....life in the USA can be hard hard work...if that is going to be the case make it work you love doing....I will tell you that older kids get bored to death when they can't work or go to school...my daughter was 18 and at home all day till she was nearly 21....its no life for a child....
Don't be put off by what you're told....just keep reading and becoming informed before you do anything....

[sbirdyboy]

Thank you all so much for your advice you are all so very , knowledgeable I have recomended this site to all my friends. If I invest $500,000 ( ie ) not in my own business would we automatically get green cards ? sorry to keep bombarding you all with questions but it is all new to me, we all love USA we could go to New Zealand possibly and I could get work or either Spain but we have our hearts set on the USA as we have relatives there. And we also have to think of our childrens future and we know that the USA is the best place offering a fantastic lifestyle with more possibilities than in the U.K.
Steve

[peter gold]

Your question reers to an EB 5 visa and you will get a conditional green card for two years.
As far as a I am aware all applicants to date are coming up to the expiry of the two years, and are hoping for a ful green card, only time will tell.
Also be warned the EB5 is being considered again by the Govt in 2008 , and may be withdrawn, changed or whatever

[paulbweb]

It seems that there are a lot of Brits living and working in LA in the entertainment industry. I am curious to know what type of visa they are here on. Is there a special visa for artists and actors?

[Susie]

Hi Paul

Yes there is a special visa, not sure if it is a P or O visa will need to check

[peter gold]

It is an O and EB2 visa for artists of extraordianry ability who have reached the top of their profession worldwide like e.g. Beckham
There is also an entertainment visa but that is temporary

[tracifrost]

dont forget if you are Beckham or anyone thats got money, when i say money, i dont mean a million dollars or so i mean REAL money, the Beckhams last time i looked was worth over 350 million POUNDS. so convert that to dollars you get:
one rule for one and one rule for another!!!

[Susie]

Hi

As we may well know, the immigration rules and requirement , eg goal posts can change without us immigrants being informed.

When my husband was granted his first L1 we needed 5-6 employees working for our UK company.

I have heard of cases that , some can get an L 1 without any employees in their UK company.

Always best to double check what the current situation is before applying, you never know how an immigration officer is going to interpret an application which sucks

[tracifrost]

Just for the record, i have an L1, our UK company has no employees and didnt have any employees when the L1 was approved.
the proof is in the pudding and i am proof that it is not always necessary to have 4-5 employees.

[berniem]

Hi

We are new to this site and live in Manchester, UK.

We are looking to get an E-2 Visa to run our cosmetics business in the USA. We have seen a UK lawyer and the UK wait time is far too long.

How easy is it to apply using a US lawyer and is it more beneficial.


Thanks

Bernadette

[SHEILA 13]

Hi Bernadette and :welcome: to the Site.
If you already have the Company in the Uk ,why dont you look into the L visa?
Just a thought,I am sure you will get more replies later.

[berniem]

Hi Sheila

thank you for your reply, it is a totally new business for us cosmetics and skincare and we have the fortune of having a distribution agreement. So ideally we would like E-2 but is it possible to get from USA instead of London?

Regards

Bernadette

[kirtida8]

:welcome: Bernadette,

In answer to your question - no it is not possible to get your E-2 from the US - the first application ( and subsequent renewals since 9/11) have to be made in your country or residence ie the UK. Don not under any circumstance fall for the trap of coming to the US on a B visa to change status to E as you will not have a visa, and will be effectively landlocked. Your best option is to go for the L-1, although the timeframe for issuance through London is still long - it will give you the opportunity of gaining permanent residency - which is important if you have children. You could use a US based lawyer to process your application - just make sure they are immigration lawyers and members of the bar - but do not think it will expedite matters.
Do lots of research, and ask as many questions as you like. I am sure there are others here who will be able to answer them and help you get on the right track. Good luck.

[OberonSH]

An l visa is where you basically have a compnay in each country, your UK side will have to be a year old and show good profits to be viable, this route can lead to Green Card, whereas the E2 won't. So it depends if you want to stay permanently, have kids that will 'age out' (i.e. have to leave at 21) or just want to try out the USA. We'#re looking at this route, and are just waiting for our company in the UK to hit a year, and to make sure it's the right decision for us. When the time is right, it'll happen for us, but we're a young family and have the benefit of time on our side.

Timeframe will be the same whereever get your lawyer - all gets processed by the same place - London (AKA The House Of Horrors) as you're UK based. Having a good lawyer will ease the process, but won't make it any quicker. Get ontot eh London Embassy Website, and do as much research as you can. If it's any consolation, the wait times sem to be getting slightly better - I believe they're less than the 24 weeks they have been recently.

[SHEILA 13]

I agree with Kay ,the advice she has given pretty much sums it all up.