Problems questions or concerns

[Susie]

Hi if you have any questions, problems or concerns regarding LPR or citizenship to the US please post here

Regards Sue

[jazzy_diva]

Hi Everyone,

Is there no way one can move from being an E2 visa holder to getting a green card / citizenship? It seems incredibly unfair to expect people to invest money in the US, set up a business and employ people and then be kicked out when they retire and sell up the business. I don't know of any other country which treats immigrants in this way. Most places seem to allow you to get permanent residency after 5 years......

Many thanks for your help

Susan

[floridapete]

Hi Everyone,

Is there no way one can move from being an E2 visa holder to getting a green card / citizenship? It seems incredibly unfair to expect people to invest money in the US, set up a business and employ people and then be kicked out when they retire and sell up the business. I don't know of any other country which treats immigrants in this way. Most places seem to allow you to get permanent residency after 5 years......

Many thanks for your help

Susan

I understand that the only way that an E2 would ever convert to a Green Card would be if the holder also owned a Limited Company business back in the UK AT THe SAME TIME. Both business having to run in parallel.

But why would you be on an E2 in the first place, with the investment and eployment requiirements, if you had that situation ? You would have sought an L1a Intra Company Transfer Visa which is much easier to qualify for (no min. investment required) and WILL convert to Green Card so long as BOTH businesses are still running in parallel.

Now, can you be in two places at one time ? That's the trick !! ;)

[JulieC]

Another way of doing it is applying for labour certification. Only really applies if you can justify it and best done from someone elses business. Or build up the business and raise enough to gp for EB5. $500,000 invested in an area of low employment. Both involve change of status as there is currently NO way of getting a green card direct from E2.

[jazzy_diva]

I understand that the only way that an E2 would ever convert to a Green Card would be if the holder also owned a Limited Company business back in the UK AT THe SAME TIME. Both business having to run in parallel.

But why would you be on an E2 in the first place, with the investment and eployment requiirements, if you had that situation ? You would have sought an L1a Intra Company Transfer Visa which is much easier to qualify for (no min. investment required) and WILL convert to Green Card so long as BOTH businesses are still running in parallel.

Now, can you be in two places at one time ? That's the trick !! ;)

Hi Pete,

I do in fact own 2 Ltd companies in the UK and they would both be operational even whilst I was in the US. It really depends on how they define business since one is an investment vehicle and I use the other to sell my services as an IT Consultant.

However as a result of this forum which has made me aware of the L1a Visa I am definitely going to look more closely into this avenue with the aim of spending 6 months in the US and 6 months in the UK in the hope of eventually getting a green card. That I think is certainly do-able.

One thing though, do you know of any good immigration experts who could provide me on advice re getting a L1a visa, requirements, time frames etc etc?

Thanks again for all your advice. It's much appreciated.

Cheers

Susan

[floridapete]

Ah, 'active' companies is what the US Embassy will be looking for - number of employees in the UK , how long established, what is the annual turnover etc. etc.

Sounds like your companies are more 'passive' in that one is an investment vehicle and the other is your own IT consultancy (I presume 'a one-man band') therefore the L1a Visa may not fly on that basis - not quite so 'do-able' after all !

I don't know of an L1a Attorney/Consultant that I could really recommend. Maybe others could ? You also need to beware of 'advisors' will say that they can get you an L1a Visa - but it may not be renewable when the time comes and may never convert to Green Card because of the unviable way it was set up in the first place.

There is no 'easy' way ! ;)

Well, er, the easist way is for a US corporation who really NEEDS your exceptional skills to apply for an L1a Visa to emply you from the US side.
They usually get a priority treatment over a would-be emigrant applying from the UK side. But you need to find that willing and able corporation first ! :)

[JulieC]

Six months in each will only do if you have managers in both and employees in both and both are actively trading all year long, you cant really skip between them and trade one then the other if you see what I mean.
Timeframe, premium processed application only takes a couple of weeks, a month if you get asked for further information. Non premium processed currently about six weeks.
L1 is currently hard to get and harder to renew. I have heard that these are good though expensive though I did not use them myself so no personal knowledge, they have been well recommended on another forum http://www.usvisalawyers.co.uk

[floridapete]

Hello Julia, Just been reading the latest issue of GOING USA (now called Emigrate America) which has some interesting articles about the trials and tribulations of E2 applicants through the London Embassy.

One article about a lady who bought a media production company in Bradenton - started to work it - then applied for her E2 later and doesn't know why it is taking so long ? Meanwhile she 'has' to keep on travelling to and fro' on Visa Waiver to keep the firm running ! No wonder Meg is keeping her waiting ? ;)

Another article written under a nom de plume tells the story of the 11 (was it) pest control applications of which only one got through. But meawhile the other ten couples, and their attorney, had travelled from the US to attend the interviews in London - only to be turned down. Well, should they have been in the US anyway until they received their visas ?

Some people ! :)

And then there was the nice story of the Thornhill family who now own Sherlocks in Celebration - at least they seemed to have done it right and are now succeeding !

You can see their online copy at : http://www.outboundpublishing.com/cgi-bin/search.cgi?location=000009000005

[JulieC]

I wasnt aware even one of the pest control operations got through Pete, I heard all eleven were turned down, The broker is also known as being a large man co with offices on highway 27!!

[floridapete]

Over the past few months a UK TV poduction company has been in touch with us wanting our help in sourcing couples who were 'about' to leave the Uk for Florida so they could follow their progress for the first year of their emigration to this 'better lifestyle'. I have mentioned this before on the other Forums.

We have had a few possible candidates and have passed them onto the company involved who are preparing to shoot this 'fly on the wall' documentary for Channel 4. However, for various reasons, several of the possibles have not passed the test b eing only in the early stages of 'thinking about it' or having already been out in Florida 'already started' out there.

I had an e-mail from them again just yesterday after I had said that, I thought that their much bigger problem would now be the delays which the US Embassy in London is now causing to approvals of visas for would-be emigrants.

The lady then told me that this is in fact a serious problem for them as some of their possible candidates just have no idea when their visa applications will be approved - so a production schedule for the camera crew is proving almost impossible to plan.

Unless, of course, the frustration factor plays a part in their stories - but months of waiting hardly makes for gripping television.