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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107575
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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1- i am a tourist here form Dubai. I have my business there

Customer Question

1- i am a tourist here form Dubai. I have my business there and recently I have started a corporation in Delaware state. I am here with my wife and we are expecting a newborn within the next month. My wife and I want a permanent residence status here in the United States. I am a Pakistani citizen with a residence card form Dubai. How should I apply to be a permanent resident? Should I apply it on the basis of my current business ( I have already received my TAX ID number) or should i apply it on the basis of my expecting baby?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.
I wish it was that easy. You entered on a B-2 tourist visa? How much money have you invested in the business? Has it created jobs for U.S. workers? How many? Where do you plan to or where have you established the business?
Customer: replied 1 year ago.
Yes, I have B-1 and B-2 visas. Well, I have recently established the business therefore so far I have only invested $1000. It has not created any jobs for US workers so far. I have established the business in Delaware state.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Unfortunately, that is not going to work. To get a green card through investment, you must invest $1,000,000 and create at least 10 jobs for U.S. workers. A smaller investment can be made of $500,000 if it is made in a rural or high unemployment area as designated by the U.S. government. Here is a link: http://www.uscis.gov/eb-5 There are other options, but they are not easy. I can recommend the E-2 treaty investor visa, for example. The problem is that while the law only says, "substantial investment", for the E-2 visa they usually look for around $200,000 or more. This is because anything less is a weak case that could easily fail. And they will not approve a visa for a business that they think will easily fail and you would end up being out of status. The reason I ask where you plan to invest is because if you go to a big city, Las Vegas, New York, Los Angeles, Miami, Dallas, Atlanta, Chicago, etc., where most people want to live, the cost of living and doing business is much higher. If do not have a $200,000 investment but maybe you have $100,000 and you still want to be successful, you may have to open the business in some small town in the middle of nowhere that has a very low cost of living and doing business, like maybe a small town in North or South Dakota, Utah, Nebraska, etc. This is because a $100,000 or so investment would have a much better chance of succeeding in such a location. Usually attorneys do not take cases of E visas for less than a $200,000 investment because they do not want to risk losing the case and having an upset client because the client has to have the money already invested and at risk and if it is denied, they have to try to sell the business or something to try to recoup their investment.Here is a link to the E-2 if you want to read more:http://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors If you own a business outside of the U.S. for more than 1 year and will continue to run that business, you can invest $100,000 or more in a U.S. business (doesn't have to be the same business, but must be related by ownership) and you can try for an L-1A visa. Here is a link to that, but keep in mind that both businesses have to be run and should be successful. You can't just come to the U.S. and forget about the business outside and let it die: http://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager Interestingly enough, the L-1A can easily lead to a green card. Here is a link to that: http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1 My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Thank you for your kindness and respect. Good luck to you.
Customer: replied 1 year ago.
i am a tourist here form Dubai. I have my business there and recently I have started a corporation in Delaware state. I am here with my wife and we are expecting a newborn within the next month. My wife and I want a permanent residence status here i have my $500,000 there if i tranfer this money here in usa and i can apply for green card or us passport
Customer: replied 1 year ago.
someone told me if u have $500,000 then Deposit. in us government. account and then u can get status
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello sir. You ignored me for almost a month. Now you want more answers? If you do not leave a positive rating, I am not compensated for the information that I have already given you. I hope you understand how this works. It is not fair that I continue to give you more and more information and you don't leave a positive rating. When does your stay expire? In what will you invest the money? Where?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I will take a chance and respond to you, but it is VERY important that you leave a positive rating. It is not fair that I work hard to give you your answers and then you ignore me.
As to your investment, it cannot be sitting in a bank account. It has to be at risk. It is $500,000 if it is invested in a rural or high unemployment area as designated by the U.S. government. The investment must also create 10 or more jobs for U.S. workers.
Let me know if you need anything else, but please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are NOT charged again and we do NOT finish just because it says, "Rate to finish" or something like that. I will not abandon you after you rate me positively if you have additional questions. Thank you for your understanding!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Thank you for your kindness and respect. Good luck to you.