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Immigration

Immigration

Immigration Law refers to legal assistance given to non-U.S. residents in obtaining citizenship, green cards, visas, or investment opportunities in the United States. We have years of experience working with U.S. statutory, regulatory, and case-law that will enable us to best serve your interests.

There are four categories that people fall into, citizens, residents, non-immigrants and undocumented.

U.S. Citizens

These are people who were either born in the U.S. or who have become “naturalized” after three or five years as permanent residents. These citizens can never be deported, unless the citizenship was obtained through fraud.

Permanent or Conditional Residents

a) Legal Permanent Residents (LPRs) are those who have a “green card”. A green card holder, or lawful permanent resident, is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, you are granted a permanent resident card, commonly called a green card. You can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the U.S. Other individuals may become permanent residents through refugee or asylee status or other humanitarian programs. In some cases, such as when your spouse can't or won't file for you, you may be eligible to file for yourself.

b) Conditional residents are those who have been married less than two years before they received their green card. This type of residency also requires that you and your spouse jointly file to remove the condition within two years of receiving your green card or the card will be terminated and you will face deportation.

To convert your conditional status to permanent status, you will need to submit a Petition to Remove the Conditions on Residence (Form I-751), with supporting evidence and the appropriate fees, up to 90 days before your conditional residence status expires. If you apply before the 90-day limit, the application will be returned to you.  If you fail to file before the two-year anniversary, your card and your conditional residence status will both expire and you could be deported. You have a three-month window to file your application.  You must submit, in a timely manner, the application, the appropriate filing fee and any supporting evidence in order to qualify.

Non-Immigrants

People who fall into this category are in the country legally, but only on a temporary basis. Examples include:

  • students (F-1 visa)
  • business visitors or tourists (B1/B2 visas)
  • fiancées (K-1 visa)
  • individuals granted temporary protected status.

In general, recipients of these visas don't intend to immigrate. If the application is fraudulent or you overstay or otherwise violate the terms of the visa, your legal status will change to undocumented. Even so, a high percentage of undocumented immigrants came into the U.S. on legal visas.

Undocumented Individual

According to a 2004 Government Accountability Office (GAO) report, there is no federal definition of an undocumented immigrant. The GAO defined an “undocumented alien” as a person who enters the U.S. without legal permission or fails to leave the U.S. when their permissible time ends.

EB-5 visa

The United States EB-5 visa, employment-based fifth preference category or EB-5 Immigrant Investor Visa Program, created in 1990 by the Immigration Act of 1990, provides a method for eligible Immigrant Investors to become lawful permanent residents—informally known as “green card” holders—by investing at least $500,000 or $900,000 after November 21, 2019 to finance a business in the United States that will employ at least 10 American workers.

  • EB-5 Services
    • We provide the highest level of EB-5 services and advice to aid investors in determining their eligibility for the EB-5 Visa and structuring plans to ensure they meet all of their investment visa goals.

    • Services Include:
      • Planning Questionnaire?
      • Reviewing for EB-5 Compliance
      • Coordinating Escrow
      • Comprehensive business planning
  •  
    • What is the EB-5 Visa?
      • The EB-5 Visa provides a method through which eligible immigrant investors can obtain lawful permanent residency in the United States.
      • EB-5 investors obtain permanent residency, or their “green card” by investing $500,000 ($900,000 after November 21, 2019) in business in the United States that will employ at least ten American workers.
      • Investors can choose to invest individually, or they may choose to work through investor “pools” via Regional Centers that connect multiple immigrant investors with developers in need of funding.
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Pre-immigration Tax Planning

 Before a NRA (non-resident alien) makes a decision about residing int he United States and what their status will be they may want to do some pre-immigration tax planning. Once you become a naturalized resident or citizen then all assets worldwide whereever held are not taxable for income, estate and gift tax purposes. for more information click here.

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