Visas & Advice Detail
Choosing a US migration agency
To make informed choices, it helps to be aware of the main players in the emigration business
"I've lost everything. I had to remortgage my house to do this and now I might be sacked by my company because I've taken so much time off work to try and sort this out." These are the words of Dustin Houghton after he lost $215,000 dollars in his attempt to move to Florida. Like 25 other Britons, Mr Houghton paid money to a Florida company claiming to be visa specialists. But instead of emigration and a new life, Dustin's money disappeared, along with his hopes of emigration.
There are, then, potential risks involved in engaging immigration advisors. Put simply, the right company will help you make your dreams come true. The wrong one could turn your dreams into nightmares. To make informed choices, it helps to be aware of the main players in the emigration business. An immigration attorney is a legally qualified agent who can deal directly with the United States Citizenship and Immigration Service (USCIS). The USCIS is the final court of appeal in the immigration system. The US Embassy issues visas, but the USCIS decides whether you can come in. Different attorneys offer different packages of help. Some just deal with the visa application, others offer complete relocation packages. Many visa consultants or emigration agents offer similar services to attorneys. A key difference is that although they can deal with the US Embassy in London, consultants can't deal directly with USCIS. To get around this many consultants employ attorneys to conduct this aspect of their business.
Notwithstanding the differences in legal capacity between attorneys and consultants, many people do use agents in their emigration process and are satisfied with the service they receive. Indeed, visa consultants claim that the breadth of the service they offer is a major reason to work with them. According to Amanda-Jo Nicholson, managing director of Govoni International: "A good visa consultant or attorney will work with you not just in the initial process of applying for your visa, but in helping you settle in to the US, and working up to and through all the subsequent visa renewals. People will learn that (as the vast majority of emigrants are on an E-2 or L-1A visas), the initial application is only the very first step."
Perhaps the key issue is how to make sure you choose the right advisor, be they an attorney or consultant. To ensure that you get trustworthy help, immigration attorney Norma Henning recommends asking tough questions: "Always separate business from private life. It's about your hard-earned cash and your family's future. Does your advisor act like he/she feels insulted when you ask tough questions? Not a good sign. A professional would not act that way."
Henning suggests checking that any consultant or attorney has malpractice insurance. This can help to protect you if things go wrong. Problems can arise when emigrants apply for non-immigrant investor visas. Any business needs to be sound enough to see you through the immigration process. If you're fobbed off with a failing business you won't get into the states – period. Nicholson recommends the services of business brokers and due diligence agents. "It is vital that these people have not only a first class knowledge of their own field of expertise, but also that they have an excellent knowledge of the immigration process and that they liaise closely with you and your immigration consultant/attorney." In general, advises Henning, watch out for incomplete or misleading information. For example, if you are told you have to buy an existing business you have been misinformed. You also have the option of starting up a new one.
Similarly, if you are told there is an established minimum amount for an E-2 visa, watch out. The 'substantial amount' varies with industry and geographic location. Both Nicholson and Henning stress the importance of knowing how an agent is paid. According to Nicholson, you need to know your costs up front. Clients should ask what is included in any fees paid. For example, if the embassy requires further information to be sent is this included in the fees or is it extra? Clients should aim to never have unknown bills at the end of the process.
Henning recommends asking how an adviser make his or her money. If the answer is through commission on the sale of a business, then there could be a clash of interests. "Consider hiring someone who gets paid no matter whether you decide to purchase a business. This may be more expensive in the short run, but in the long run, you will save money." When it comes to setting up businesses, it is essential to make sure that any business you buy or set up is for the purpose of getting you a foot in the door in the US rather than giving an advisor commission. Ultimately, the majority of attorneys and consultants are trustworthy and have no wish to damage their reputation.
Notwithstanding this, you do have to take care to avoid unscrupulous practitioners. Ask tough questions, be sceptically open minded, and avoid advisors who claim it will all be easy. This way you will avoid the minority of emigration agents more concerned with their bank balance than the well being of their clients.
For further information:
Henning Law
Govoni International
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