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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109661
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I came to the US on a L visa in May 1998. I have remained

Customer Question

I came to the US on a L visa in May 1998.
I have remained in status since then, except my last E2 visa expired in February 2015.
I have not left the US since 1999
Am I eligible for a Greed Card under Section 245i?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 years 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. That's not really what 245(i) is about. So you changed from L status to E-2 and have been renewing ever since? Is it your company? Has your investment reached $500,000 or more and created 10 jobs for U.S. workers? Also, so you still own the company outside of the U.S.? And by what method will you apply for a green card?
Customer: replied 2 years ago.

I changed from L to B to F2 to H2 to B to E2.

I was disabled in 2001 or so and then went on my now ex-wife's visa.

On our divorce in 2010 I used an RV park I purchased in 2007 (with no idea of asking for E2 using the RV park) to apply for the E2.

I would rather have a Green Card than an E2 that requires renewing every 2 years. I will be 70 next birthday and would like better security.

Irrespective of what 245i is about, could I qualify?

Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
You can’t qualify for a green card just because you have a certain amount of time in the U.S. I am looking for options for you, but I need you to answer the following:1) What is the value of the business at this time?2) Has that business created at least 10 jobs for U.S. workers?3) Do you still own the business outside of the U.S.?4) Are you married to a U.S. Citizen?5) Do you have a U.S. Citizen son or daughter over 21?
Customer: replied 2 years ago.

I am aware that one does not qualify for a Green Card simply on the basis if length of stay.

I have also read that 245i has been modified in the last couple of years.

Please stop being sidetracked on other avenues, I am aware of the law on E2, marriage, and my 18 year old son with a Green Card.

I asked for a detailed answer on Section 245i for the reasons I gave earlier, and at first glance it seemed to me as if I may qualify, no matter the intent of the regulation.

If I do not qualify please will you tell what I have missed?

Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Sir, my apologies, but I am not getting side-tracked. I have been doing this for over 13 years. It's like you go to a doctor with a pain in your leg. The doctor starts asking you about your breathing, possible chest pains, etc., and you wonder why the doctor is asking you about such things when it is your leg that hurts. The doctor is asking because you may have a heart issue that corresponds with a pain in your leg. So please let me do my job. If I ask you about things that you think do not apply, it isn't because I am being side-tracked, it is because immigration law is very complicated and I am looking for a solution for you because the simple answer of "No, you cannot use 245(i)" is not going to satisfy you. So let's continue: How does your son have a green card? How long has he been a green card holder? And I ask again, what is the current value of your investment? Has it created 10 or more jobs for U.S. workers? Also, out of interest, 245(i) has not been modified in recent years. Where are you reading that it was? Do you have a link that you can provide me?
Customer: replied 2 years ago.

Yes, my sons of 18 and 17 have had a Green Card since 2011 or 2012.

My investment is about $700,000

No, it has not created 10 more jobs. Remember I bought in 2007 as a family investment (not as a vehicle for an E2 visa) before my divorce from my ex-wife who, up to 2010 maintained the family visa status.

Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Thank you for responding. Is the ranch in a high rural or high unemployment area as designated by the U.S. government?
Customer: replied 2 years ago.

Tyler, Texas. Neither high unemployment or high rural.

Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Well, you have a few choices. If the investment reached $1,000,000 and creates 10 jobs for U.S. workers, then you can apply for a green card on your own. Here is the link: Or if you maintained a company outside of the U.S. for 1 year or more, you could qualify for a green card through EB-1. It should work even if you established a company now and a year later filed for the green card. Here is a link: Or you can wait until one of your sons becomes a U.S. Citizen and turns 21. Then they could file for you to get Residency through them. As far as 245(i) goes, to qualify you would have to have had an I-130, I-140 or Labor Certification filed for you on or before April 30, 2001 AND prove that you were inside the U.S. on December 21, 2000 unless the I-130, I-140 or Labor Certification was filed on or before January 14, 1998. If you qualify for 245(i), you could then get Residency without having to leave the U.S. IF you also had an avenue to get it. It does NOT create an independent avenue to Residency. So in your case that you entered the U.S. legally and that you have maintained legal status, 245(i) doesn't help. Since you are still in legal status, you have all the benefits that 245(i) would offer anyway without having to pay the 245(i) fee or qualify for it. If you had fallen out of status, then you could use 245(i) if you had an avenue to get Residency that was not immediate relative of a U.S. Citizen. 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 2 years 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!