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Quick route to a Green Card?

Posted by CaribShout on May 7, 2010 at 4:44pm

As Comprehensive Immigration Reform remains at a standstill due to congressional inaction, the chances of a reform Bill becoming law in 2010 grow dimmer and the 2010 election season draws ever closer. In the meantime, Senators Richard Lugar (R-Ind) and John Kerry (D-Mass) introduced a new immigration-related Bill in Congress, which would provide a quick route to a Green Card for entrepreneurs who start new businesses in the U.S. The Start-Up Visa Act of 2010 would create a new investment visa category called “EB-6” for immigrant entrepreneurs. It would allow foreign nationals to start new businesses without requiring an excessive amount of initial investment capital and to obtain a Green Card for themselves and their immediate family after a two year period, as long as the investor can show that the business has created at least five full-time jobs and either attracted $1 million in additional investment capital or had gross revenues of at least $1 million. This new investment visa proposal is aimed at attracting more foreign investment and jobs creation. It is also offered as an alternative to the current investment visa called an EB-5, which allows foreign investors to obtain Green Cards through an investment of either $1 Million dollars or $500,000 (in designated economic areas or USCIS approved centers) and the employment of 10 employees for two years. The existing EB-5 visa can be difficult for many foreign investors due to the high initial capital investment and the requirement to employ no less than 10 employees for two years. I will give updates on the status of the bill once any action is taken on it. IMMIGRATION Q&A Question: We have been having difficulties with immigration and hope you help. I filed for my husband’s residency in January and immigration returned the package because we sent to the wrong address. We resent it and then we received another letter saying my husband had to have a medical exam. After we sent that in, they sent us another letter saying that they could not continue processing until we sent in some financial documents. Finally, we sent that in and when we called the 800# to see why my husband never received his work permit, they said that we never applied for it, even though the filing fees we paid included it. Now they are saying he needs to file some other form and it takes another three months to get it. I’m really so mad about the way they treated us and never explained everything the right way. Since we already paid for it shouldn’t they just send my husband his work permit? Answer: I understand your frustration. But unfortunately, the residency process can be more complex than people expect. Let me give you an overview of how a properly filed case should proceed. The family petition and the residency application are filed (along with biographic form for each spouse called the G-325), the Affidavit of Support, medical exam, supporting documentation to prove eligibility, photos, Money Order, and the request for Employment Authorization. Without filing that request, the USCIS will never issue a work permit. Issuance of the work permit is only made after specifically applying for it and only after the Officer reviews the case to ensure that it meets the initial criteria. If not, the work permit is not processed until the required information (usually supporting documentation for the Affidavit of Support –Form I-864) to prove financial eligibility is submitted. Once a case is properly filed, the receipts are received within a few weeks, the biometrics appointment within 30 days and work authorization within an average of 90 days. Once the work permit is received, an application for the Social Security card can be made. The Immigration Residency Interview usually takes place around the third or fourth month. If the initial case is filed correctly and all the required documentation is provided to the officer, at the interview, the Green Card arrives in the mail in about two weeks. At this point, you’ll need to file Form I-765 for the work permit. If you need any help with this or other issues, you can make an appointment and we can file it for you and review what you have already filed to see what else needs to be done to complete your case and get it going on the right track. Written by Attorney Caroly Pedersen *This column is published for the purposes of providing a general understanding of immigration legal issues, as a public service and is not intended to establish an attorney client relationship. Consideration given to any immigration issue is not intended in any way to substitute for individual legal consultation with a licensed attorney. Readers should understand that this column and the foregoing illustrations are subject to different interpretations in each particular immigration case that may arise and no one reading this column should attempt to apply his own particular situation to the principles described herein. Readers with specific legal immigration issues should consult their attorney. If you have an immigration issue and do not know an attorney, you may call your state’s attorney Bar Association.
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