Visas & Advice Detail
Fact or fiction?
Matt French looks at some commonly held beliefs regarding the us immigration system
Many people may hold the same opinions, but that doesn't necessarily make them true, and when you have been told the same inaccuracy over and over along the emigration path you cannot help but believe it. Many popular misconceptions live in the murky waters surrounding US immigration, so which are true and which are false?
I can move to the US by buying an American business
This oft-repeated statement is true and there are a few visas that make buying a business a realistic method of moving to the US on a long-term basis.
The EB-5 visa is effectively a way of purchasing a permanent resident (green) card. Through an investment of $500,000 or more in a US Regional Centre, or in excess of $1 million elsewhere in the States, the investor earns their green card and one for all their family members.
The E-2 visa allows the holder to invest in a US business and move to the states to operate it. However, there are certain restrictions attached to this visa that people need to be aware of. For an investor to qualify for a visa in this category they must invest a 'substantial amount' of capital in the the business and employ a certain number of US workers as well as earning enough to give themselves a suitable living standard. Another thing to bear in mind is that though you can move to the US on an E-2 visa, it will never itself lead to the holder securing permanent residency.
Investing in a US company through an L-1A visa is another way of buying a US business and subsequently moving to the States, but you must already own and run a business in the UK to qualify.
My uncle can sponsor me to move to America
False. The United States does allow certain relatives of US citizens and permanent residents to immigrate to America, however an uncle is not deemed a close enough relation to qualify the applicant for a family visa for the US.
The immediate relatives of US citizens who may successfully apply for a family visa include parents, sons and daughters under the age of 21 and spouses. However, even these relations of US citizens should be aware, the process may be long and it can take years before your application comes to fruition.
The 'special relationship' between the US and UK has made it easier to emigrate
Though this would be nice, it is false. There is no evidence that the close bond between the US and UK hailed with such pomp and ceremony by Tony Blair has had any benefit for UK citizens seeking resident status in the States.
Buying three US properties will get me a visa
Although investment in a business can be a way of obtaining a permanent resident visa, investment purely in bricks and mortar is not sufficient to qualify for any significant long-term visa category.
You can, of course, buy property such as a hotel or B&B and operate the business to qualify for an investment visa.
There is a US retirement visa
There is no such thing as a retirement visa for the US as there may be in other countries. On the other hand, though, the EB-5 visa makes no demands on the investor to run the project in which they invest, so effectively you are able to invest $500,000 in a regional centre and retire stateside.
A business (B-1) visa will allow me to hop in and out of the US as and when I choose
To an extent, yes, though it is not the intended purpose of the visa. Business (B-1) visas are among the most commonly issued and easiest to obtain from American consular authorities for entry into the US.
B-1 visas are used by people entering the US for business negotiations and meetings, though in no circumstances are B-1 visa holders allowed to engage in employment that will result in financial gain while in the States.
Generally these visas are valid for five to ten years – with each stay in the US limited to six months in any 12-month period – and do not represent permission to enter the US. Instead, they allow the holder to request permission to enter the US for business purposes. At the port of entry, the border official will determine if the B-1 holder is allowed to enter the US.
No matter how long your visa is valid for you are allowed to legally stay in the US only for the duration mentioned on your I-94 (issued at the port of entry) and you must leave the US or apply for an extension of stay in the US prior the expiration of your I-94. Thus some people may attempt to travel briefly to a Caribbean island before attempting to re-enter the US for a further extended period.
However, the six-month period B-1 visas are issued for may be extended for an additional six months if the visa holder can give sufficient cause for needing it.
I can enter the diversity (green card) lottery
False, unless you are from Northern Ireland. The annual diversity lottery issues visas to people from countries under-represented by the US immigration system.
People from England, Scotland and Wales are not deemed as such, though people from Northern Ireland may apply for a visa through the lottery system. There is, however, no guarantee of success of winning a visa through this method.
It's safe to hand over money for a US business before I get my E-2 visa
False! Though you may have no trouble, there are too many horror stories of Brits losing big money from doing this to take a chance.
The safest method for purchasing a US business is to go through a registered US immigration lawyer or consultant who will set up an escrow account for you. The money for the US business is held in this account until the sale goes through and your E-2 visa can be processed. If the sale does not go through the money is then returned to you.
I can move from a student visa to a work visa
Not any more. This used to be true but the system has changed and now foreign student on F visas cannot seek work visas following the end of their course of study.
I have to be an internationally renowned pianist to get an EB visa
This is true for the EB-1 visa (which is for those with exceptional skills), but even so-called 'unskilled' workers can qualify for EB-3 visas.
Related articles:
The visa guide: EB-3
Perfecting the paperwork