Legal Question in Immigration Law in California

changing from an investor visa status to a permanent resident

My husband and I want to immigrate to America

via the investor treaty visa(e2).

We are British citizens.

If we start immigration processing what prerequisites do we have to declare:

Do we have to have to own a business in the usa(

and have ownership deeds)or can we rent a shop for business purposes and

basically show all our business expenditures ie: fixtures & fittings,stock, etc.

Do we have to declare a set sum in our bank account

(say $100k) for

the purpose of starting a business?

Is it compulsory for a contract to be shown(lease of the business etc) before we start immigration proceedings?

How long does the process take from start to finish

assuming there are no setbacks?

After say 5 years,if we want to stay in the usa and apply for permanent residency how can we?


Asked on 12/01/01, 10:33 am

1 Answer from Attorneys
Gabriel Jack Muston & Jack P.C.

Re: changing from an investor visa status to a permanent resident

To qualify, you must be coming to the United States to develop and direct the operations of an enterprise in which you have invested or are actively in the process of investing a substantial amount of capital. The requirements are:

-- You or the firm you work for will invest or have invested substantial capital which is at risk, meaning subject to potential loss if the business does not succeed, in a bona fide enterprise in the United States. The term substantial means: for the purchase of a new business, the investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, if a new business, an amount normally considered necessary to establish the business. We must be able to document the transfer of money from a British into a U.S. account.

-- You must enter the United States to engage in executive or managerial duties or have essential skills that make your services essential to the operations of the business.

-- The investment enterprise must exist or the investor must be actively in the process of investing.

-- you must leave the United States at the termination of your status. This Means you cannot apply for permanent residence status from an E-2.

Call me directly, if you wish, and we can discuss other alternatives that could potentially allow you the option of permenent residence status in the U.S.

Gabriel D. Jack

Attorney at Law

650-234-9534

Read more
Answered on 12/01/01, 12:21 pm


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