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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29010
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Woman. I studied in the US years and obtained graduate

Customer Question

Customer: Hi, I am Moroccan woman. I studied in the US for several years and obtained graduate degrees ( 2 masters) under 2 different visas (J1 the first time) / i was on state dept scholarship (section 212 (e)) and therefore return to my country to fulfill the 2 years residency. Once this was over i returned to the US to do my 2nd masters degree (given that i couldn't find sponsorship for H1B, i returned back home to my country!). I would like to know what visas are possible for me to apply for greencard without sponsor
JA: Thanks. Can you give me any more details about your issue?
Customer: Basically i am dating someone in the US (he is a dual citizen: Moroccan-American), and i would like to emigrate lawfully to the US* i currently have B1/B2 but i heard from friends that lawyers can submit some special petition if the person really proves interest and attachment and value (i am not sure what that visa is) i am familiar with H1B and green card lottery my chances are a bit slim so i wanted to know if there are visa options other than K in case boyfried and i decide to marry (if we decide to marry). i don't want to depend on his sponsorship also one last question: in case we decide to get married, am i allowed to do that while on B1 visa and then change status? are there any risks? and how long will i have to be in the US? i work fulltime in my country and i see myself doing a bit of back and forth thank you
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Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

"person really proves interest and attachment and value "

In all my 35 years I have never heard of any visa based on those three factors.

There is the E1/2 investor visa which requires a substantial investment in establishing a business in the US. It is not a green card.

To qualify as a Treaty Investor (E-2):

The investor (either a real or corporate person) must be a national of a treaty country. The visa is only good as long as the business remains successful and employs US workers.

The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost enterprise must be higher than the percentage of investment in a high-cost enterprise.

The investment must be a real operating enterprise. Speculative or idle investment does not qualify.

The investment must not be marginal. It must generate significantly more income than needed to provide a living to the investor and family, or it must have a significant economic impact in the United States.

The investor must have control of the funds, and the investment must be at risk in the commercial sense. For the purpose of measuring the investment, loans secured with the assets of the investment enterprise are not counted.

The investor must be coming to the US to develop and direct the enterprise. If applicants are not the principal investors, they must be employed as a supervisor, executive, or as the possessor of highly specialized skills.

{C}1. {C} The Investment Cannot be Marginal. In other words, the investment must generate more than just enough income for the owner to make a living and must eventually be able to generate jobs in the U.S. You will need a 5 year business plan with projections.

· If the value of the business or the cost to start is less than $500,000, a minimum 75% investment is required.

· If the value of the business of the cost to start is between $500,000 and $3M, a minimum of 50% investment is required.

. If the value of the business or the cost to start it over $3M, a minimum 30% investment is required.

You have to have at least 51% ownership. You will also need to showthat you have the necessary education and/or education to manage the investment. You will have to show what your role will be in the day to day management. You need to demonstrate your intent to leave the country when you are no longer invested in the business (this is done by a letter stating such). The e-2 investment visa is normally granted for 2 years and renewable every 2 years for as long as you are invested in the business. You cannot arbitrarily change business. Spouses can work on their visas and children can go to school

The Department of State has a very comprehensive website that gives a wealth of valuable information. http://travel.state.gov/visa/temp/types/types_1273.html

http://www.avvo.com/legal-guides/ugc/a-guide-to-eligibility-and-requirements-for-an-e2-visa GUIDE

Financial predictions of costs, sales, profits,any underlying economic assumptions
A description of the source of funds, evidence that funds were lawfully obtained
Explanation of staffing projections, job descriptions and hiring timetable
Description of the business, products, services, strategies, goals and objectives
Organizational and ownership sturcture and level of participation for each of the designated principals
The business development plan, maketing, pricing, advertising, customer service, quality assurance details
Market analysis
Comparison of competitors and how this product/service will compete in the market place
List of all permits and llicence requirements.

There is the EB5 investor visa.

citizen may purchase or start a US business and obtain residency as an investor.

You have to invest either $500,000 in an economically or a million dollars without restriction to where the business is established.

These websites do a good job of explaining the requirements. I do not in any endorse their business as an investment conduit or advisor. The sites are given to you strictly for informational purposes about the Investor Program.

http://www.ilw.com/articles/2012,0228-hackley.shtm IDENTIFYING POTENTIAL REG CTR ***

http://www.ilw.com/articles/2011,0831-wolfsdorf.shtm NEW DEVELOPMENTS 9/11

http://www.eb-5center.com/taxonomy/term/11

http://www.usadvisors.org/

All of this preliminary study has to be done and assembled into a coherent business plan for submission with the petition or visa application.

Then there is the O-1 visa if you are able to show you are a person of extraordinary ability with international or national reputation. Those who qualify for the O-1 visa often are able to self-petition for an EB1 based green card as a person of extraordinary ability.

in case we decide to get married, am i allowed to do that while on B1 visa and then change status? are there any risks? and how long will i have to be in the US?

Matter of Cavazos, 17 I&N Dec.215 (BIA 1980)

http://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2750.pdf

That case held that the presumption of immigrant intent does not apply to immediate relatives if adjust ment is filed within 60 days.

However, that does not mean that the USCIS cannot look at other facts and they have many resources available to investigate whether there was a fraud or misrepresentation to the CBP when questioned at entry. So for example, if the CPB officer asked your father why he was coming and if he was going back home and he answered "yes" but had abandoned all his ties to his home country then the USCIS could consider his statements as being a misrepresentation or fraudulent. So the adjustment could be denied on that basis and not on the immigrant intent issue.

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Judith