EB-5 Investor Green Card Program
EB-5 Investor Green Card Program is a fast track path to getting your U.S. green card within 18 months. It has the highest U.S. Immigration approval, more than the Tourist Visa, Student Visa, and Employment based green cards, and Marriage Visa. U.S. Congress designated 10,000 visas to individuals in the EB-5 Category and each year thousands go unused. With a secure investment of $500,000 into a State certified project in the U.S. you and your family will be able to qualify for a U.S. green card with all the benefits of a resident.
If you are a foreign investor from any country looking to enter the U.S. as a lawful permanent resident, then the EB5 investor Green Card Program is the way to go. High net worth individuals are able to make an investment which creates 10 jobs and obtain their Green Cards as fast as one who marries a U.S. citizen. Other relative petitions take 5-15 years and employment based Green Cards 3-8 years.
Consider the following advantages this program has over other visa programs. The EB-5 Investor Green Card process takes approximately 18 months before you have your Green Card, and qualifying family members are approved at the same time. Here are the five top reasons the EB-5 Investor Green Card Program is ideal for foreign investors.
- Live and work anywhere in the U.S. that you choose
- Work or conduct any type of legitimate business in the U.S. that you choose
- Your children can attend school as a U.S. premanent resident and with lower tuition
- You can travel in and out of the U.S. as many times as you wih
- You can apply for U.S. Citizenship within five (5) years of getting your EB-5 Investor Green Card.
To learn more about this, please contact us or click here.
Who Qualifies for an EB-5 Investor Green Card?
There are no limits as to who can qualify for an EB-5 Investor Green Card as long as they can meet the three requirements. Some examples are student visa holders who want to get a green card without having to marry, retirees who want to be able to live and receive some benefits in the U.S., entrepreneurs who do not qualify for E visas, and families with young children who want the benefits of a U.S. school system.
To learn more about this, please contact us or click here.
Our Full Service EB-5 Investor Green Card Program
For one fee, we will provide you with experienced, professional law office to prepare and submit all necessary papers to the U.S. Immigration and the U.S. Consulate. We have American attorneys on the ground at the U.S. Consulate to assist you with your case, assistance and consultation for the U.S. Consulate interview. All translation and notary services in your country and in the U.S. Setting up all business documents, bank accounts, tax identification numbers. Upon arrival to the U.S., we will provide you with airport pick up, assistance with housing (purchase or rental), consultations for school for children, drivers’ license and identification applications. Additionally, we can provide assistance in applying for social security numbers, and insurance.
The EB-5 Green Card law firm of CTR & Associates Ltd. is available to help you pursue your goal of becoming a U.S. permanent resident through an EB-5 Investor Green Card Program.
There are two EB-5 programs, the Regular Program and the Regional Center Program, and CTR & Associates offer legal assistance with both.
To find out more about the services we provide, please contact us or click here.
CTR and Associates K1 Fiance Visa Services
Roy Josling and Hang Joslin: K Visa Fiancee
“I had consulted with numerous other immigration lawyers (locally and abroad) prior to meeting Cathy and after the initial consultation with Cathy I knew this was the lawyer that I had been searching for! Cathy answered all my initial questions in thorough detail and comprehensible manner. I chose Cathy and her associates as my sole immigration attorney for all my legal issues which may arise while going through the Fiancee Visa process and with any possible future issues after the process was completed. In my opinion Cathy’s firm went above and beyond my expectations from what I was expecting from an immigration lawyer. ”
K1 Fiance Visa Overview
If your fiance is not a citizen of the United States and you plan to get married in the U.S., then you must file a K1 Visa petition with USCIS on behalf of your fiancé. After the petition is approved, your fiance must obtain a visa issued at a U.S. Embassy or U.S. Consulate abroad. The marriage must take place within 90 days after the 1st admission to the U.S.
If the green card marriage does NOT take place within 90 days or your loved one marries someone other than you (the U.S. citizen filing USCIS Form I-129F – Petition for Alien Fiancé), then he/she will be required to leave the United States. Until the marriage takes place, that person is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose and may not obtain an extension of the 90-day original non-immigrant admission.
If your loved one intends to live and work permanently in the United States, you should apply for an adjustment of status for the green card after your marriage. Conditional permanent residency or conditional green cards, or otherwise referred to as the “two year green card” is granted when the marriage is less than two years old at the time of adjustment of status or time of the green card processing.
K1 Visa Step by Step Presentation
Below is a presentation that takes you through the K1 Fiance Visa application process step by step.
For more detailed information please contact us for a consultation.
Who is Eligible?
U.S. citizens who will be getting married to loved one in the United States may petition for a fiance(e) K-1 Visa. Both of you must be free to marry. This means that you are legally able to marry and any previous marriages have ended through divorce, annulment or death. You must have met each other in person within the last two years before filing for the I-129F Form for a Fiancé(e) Visa. This requirement can be waived only if meeting in person would violate long-established customs, or meeting would create extreme hardship for you. You a must marry within 90 days after the initial entry into the U.S.
You may also apply to bring any dependents that your fiance(e) may have who are unmarried and under 21years of age.
After arriving in the United States, you will be eligible to apply for a work permit or employment authorization document for your loved ones. The applicant may be able to work while the green card is pending and in any profession without requiring a work permit.
K1 Fiance Visa and the In Person Meeting Requirement
The INA requires K1 fiance visa applicants to have physically met their US citizen petitioner in person before the USCIS will grant the I-129F. This is simply one factor used to prove the bona fide or sincerity of the relationship between the fiancee visa applicant and the US citizen petitioner.
This in person meeting mandate flies in the face of modern time and technology where couples meet on dating websites, online chats, and social network sites. With the advent of online dating, couples utilize video chat and instant chat, and Skype calls wherein it’s genuinely plausible that couples fall in love and have a bona fide relationship. Saying that though, virtual meetings do not meet the US law that mandates that the couple are in physical presence of each other at least 1 time.
US law does allow for extenuating circumstances where an in person meeting may be waived. This waiver is permitted when it is established that a meeting would be an extreme hardship for the US citizen petitioner, or it is not permitted due to cultural or religious traditions. As long as the religious belief is recognized, or the cultural tradition is sincere, then USCIS will waive the meeting requirement.
For the extreme hardship method, this is a waiver that the US petitioner submit indicating that visa denial based on meeting the fiancee in person mandate would place extreme hardship to the US citizen petitioner. Extreme hardship to the petitioner exists where the petitioner may have an extenuating medical disability or circumstances that warrants a waiver of the meeting in person requirement.
Oftentimes, couples have met and can fulfill the 1 in person meeting requirement, but whether it is sufficient to create a genuine and caring relationship with the visa applicant will depend on the couple’s unique sets of facts. For instance, the consular officers may scrutinize extensively whether a couple who spent 1 day together would be able to establish a bona fide relationship as oppose to 1 month. The 1 day visit may also contradict the traditional notion of a relationship where there’s sincerity and genuine care and affection if the couple commenced their relationship 1-2 months prior to filing the Fiance Visa Application. Nonetheless, a 1 month long visit may also be scrutinized if there are other red flag issues such as a wide age gap or multiple filings for the same applicant.
The US consular officers can glean from the meeting(s) and the evidence submitted whether it rise to the level of of creating a sincere and bona fide relationship.
K1 Visa Consulate Interview
Questions asked by the officer is generally geared at determining whether the couple has a sincere or bona fide relationship. In generally practice,
the interviewing officer will review the documents that the American petitioner submitted to USCIS in the I-129F form, and any additional evidence submitted by the visa applicant. The officer conducts a due diligence in that he/she reviews the information in the file and ask the visa applicant questions to ascertain the sincerity of the relationship. Interviewees may feel intimidated in this situation as one would be if sitting across a complete stranger who asks you personal questions regarding your relationship with your loved one. Nonetheless, the officers are trained to scrutinize the applicant for any legal inadmissibility issue and whether the couple’s relationship is bona fide.
Prenuptial Agreements to Protect Your Separate Assets
Any temptation to lie to the consular officers is pointless as they are trained to detect those deceptive techniques used to obtain a visa. The penalty for lying to a consular officer could result in an outright denial of the visa application and possibly a bar on entry to the US for years to come. Thus, honesty is the best policy when it comes to answering sensitive questions at the interview.
How Can I Appeal a Denied K1 Visa
Generally, you may appeal within 33 days of receiving the denial by mail. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC.
H1-B Work Permit to Work in the U.S.
The first thing you would need to do to qualify for the H-1B visa is a job offer from a U.S. employer. Then you’d have to go through an involved application process, which the employer would start off for you by filing what’s called a labor condition application (LCA) with the U.S. Department of Labor, waiting for an answer, and then filing an “I-129 petition” with U. S. Citizenship and Immigration Services (USCIS). After the petition is approved, it would be your turn to apply for the visa at your local U.S. consulate.H-1B visas usually allow people to stay in the U.S. and work for that employer for three years, with possible extensions up to a a maximum of six years.
All of this can take several months — and is complicated by the fact that only 85,000 H-1B visas are allotted per year, with 20,000 of these reserved for people with a minimum of a master’s level degree from a U.S. academic institution. Every year, the available visas run out, leaving many applicants waiting until October 1st, when a fresh supply is issued.
In summary, you as the employer have to initiate the process from the U.S. and obtain the approval before the H1B may be applied for at the local U.S. Consulate abroad.
Fiance(e) K1 Visa Eligibility
If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States.
If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F – Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.
If your fiancé(e) intends to live and work permanently in the United States, your fiancé(e) should apply to become a permanent resident after your marriage. (If your fiancé(e) does not intend to become a permanent resident after your marriage, your fiancé(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.) Please note, your fiancé(e) will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status.
Please note: Your fiancé(e) may enter the United States only one time with a fiancé(e) visa. If your fiancé(e) leaves the country before you are married, your fiancé(e) may not be allowed back into the United States without a new visa.
Who is Eligible
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States.
You may also apply to bring your fiancé(e)’s unmarried children, who are under age 21, to the United States.
Will I Get a Work Permit?
After arriving in the United States, your fiancé(e) will be eligible to apply for a work permit. (You should note that USCIS might not be able to process the work permit within the 90-day time limit for your marriage to take place.) If your fiancé(e) applies for adjustment to permanent resident status, your fiancé(e) must re-apply for a new work permit after the marriage.
How Can I Appeal?
If your petition for a fiancé(e) visa is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC.
Can Anyone Help Me?
If legal advice is needed, contact Frontier Legal as we will assist you in applying for immigration benefits incidental to your petition. Our advice is free and we can review your case and provide an assessment of your options.
Contact us in Bangkok!
Bangkok, Thailand +66 (0)8 4724 3192
Skype: FrontierLegal
Background Information on Bringing Your Fiancé(e) to the United States
If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States.
If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F – Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.
If your fiancé(e) intends to live and work permanently in the United States, your fiancé(e) should apply to become a permanent resident after your marriage. (If your fiancé(e) does not intend to become a permanent resident after your marriage, your fiancé(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.) Please note, your fiancé(e) will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status.
Please note: Your fiancé(e) may enter the United States only one time with a fiancé(e) visa. If your fiancé(e) leaves the country before you are married, your fiancé(e) may not be allowed back into the United States without a new visa.
Who is Eligible
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States.
You may also apply to bring your fiancé(e)’s unmarried children, who are under age 21, to the United States.
Will I Get a Work Permit?
After arriving in the United States, your fiancé(e) will be eligible to apply for a work permit. (You should note that USCIS might not be able to process the work permit within the 90-day time limit for your marriage to take place.) If your fiancé(e) applies for adjustment to permanent resident status, your fiancé(e) must re-apply for a new work permit after the marriage.
How Can I Appeal?
If your petition for a fiancé(e) visa is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC.
Can Anyone Help Me?
If legal advice is needed, contact Frontier Legal as we will assist you in applying for immigration benefits incidental to your petition. Our advice is free and we can review your case and provide an assessment of your options.
Contact us in Bangkok!
Bangkok, Thailand +66 (0)8 4724 3192
Email: Info@CtrLegal.com
Student Visas
The U.S. attracts many foreign nationals to its diverse and strong institutions of learning. The F-1 Visa (Academic Student) allows one to enter the U.S. as a full-time student at an accredited (U.S. government- approved) college or university. The student must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate. The M-1 Visa (Vocational Student) is issued to students who want to pursue non-academic programs (health care technician, machinist, dental hygienist, etc) in an established institution. The J-1 Visa (Exchange Student) is for students pursuing graduate / post-graduate studies, visiting scholars, medical doctors undergoing training, etc.
How We Can Help with US Student Visas
Our office in Bangkok, Thailand, can assist both first-time student visa applicants and returning students and their dependent family members with the visa application process at consulates in Thailand.
We can analyze your background and advise you on how best to provide the required evidence of ties to your home country and your ability to bear the cost of your U.S. education, as well as discuss all viable options and paperwork required in each particular circumstance. We are also available to advise students already in the United States and to discuss matters with the International Student Advisor at the college or school on behalf of the foreign student, if necessary. As appropriate, we will submit the petitions and documents for your visa at the consulate or with the USCIS for change of status or extension of stay.
Contact Us for F-1 Student Visa Application
We can put you in contact with world-class institutions within your specific criteria. We can ease the complexities of international travel and communication barriers by vetting our sources to ensure professional integrity and quality care.
Contact us for your personal consultation.
Overview of F-1 Student Visa Denied
The F-1 student status is for the primary purpose of full-time study at a school or college in the United States. (For trade and vocational schools, there is another type of student visa, known as an M-1; however, a student in language school is generally F-1.) Full-time study, in most cases, means at least 12 credit hours per semester. An F-1 must have nonimmigrant intent, meaning that s/he should not be planning to permanently remain in the U.S. upon entry in F-1 status.
Limits under the 1996 law, state that an F-1 student in elementary or secondary public school, or the family of such a student, has to reimburse the government for the cost of the education.
The F-1 student status does not entitle a student to work in the United States without prior authorization. Generally, a student must demonstrate sufficient financial support to pursue studies without the need for employment. During the first academic year, employment is restricted to on-campus work. After the first year, permission may be granted by the U.S. Citizenship and Immigration Services (USCIS), based on the recommendations of the Designated School Official (DSO), for off-campus work, under certain narrow circumstances. For example, a student who suddenly loses his or her source of financial support may request the school’s foreign student advisor to approve employment. Should the school official concur, the student would file for a work permit with the USCIS. There is also a work program for internships with international organizations.
A student is admitted for “duration of status,” which is the period of time needed to complete the school program. The school official enters an estimate of the time needed on the Form I-20 that the school completes. This form is submitted to the USCIS or the consulate when the student applies for a change of status from within the U.S. or for a visa from a consulate abroad, respectively. In most cases a student does not need to apply for an extension of stay. Generally, a student does not need to apply to stay in the United States as long as s/he is maintaining student status and making normal progress toward completion of the course of academic study.
If the coursework will not be completed by the estimated date on the Form I-21, the student and DSO should complete the Form I-538 to submit to the USCIS at least 30 days before the end date on the Form I-20. This submission should include compelling academic or medical reasons for needing the extension. DSOs must help students ensure that their Student and Exchange Visitor Information System (SEVIS) data is up to date at all times.
A student may work in the United States using the practical training option. There are two types of practical training: curricular practical training (CPT), which is required by the course of study, and optional practical training (OPT), which is work that is related to the subject studied.
Practical Training can be used either during the academic program or after completion of the program. Students who have been granted permission for CPT may work up to 20 hours during the school year, and full time during vacations and holidays. Full-time OPT, after completion of the academic program, enables the recent graduate to work for up to a year in a job related to the field of study.
Overview of J-1 Visa Denied
The J-1 visa is a non-immigrant status for an exchange visitor wishing to stay temporarily in the U.S. Within the J-1 category, there are a number of different programs. These include: Trainee, student, professor or research scholar, short-term scholar, non-academic specialist, foreign physician, international visitor, teacher, government visitor, camp counselor, au pair, and summer student in travel / work program.
The foreign visitor must be entering the U.S. to take part in an exchange visitor program that has been designated by the U.S. Department of State (DOS).
There is a requirement that the ‘J-1’ applicant be fluent in English and maintain sufficient funds and adequate medical insurance.
Student Visa Duration of Status
The applicant needs to obtain the Certificate of Eligibility for Exchange Visitor, Form IAP-66, from the program sponsor. On admission to the U.S., the applicant will receive a Form I-94 that is marked for ‘Duration of Status’ (D/S). The program sponsor, not the INS, has the responsibility to ensure that the ‘J-1’ holder maintains a valid Form IAP-66.
‘Duration of Status’ is defined as the completion of the J program plus 30 days. The total length of time that a ‘J-1’ holder is permitted to stay in the U.S. depends on the exchange visitor program. These duration requirements are set forth below:
- Post-Secondary Student : length of stay is time needed to complete the degree plus 18 months practical training
- Post-Doctoral Degree : length of stay is the degree plus 36 months practical training
- Business / Industrial Trainees : length of stay is 18 months
- Professors / Scholars : length of stay is 3 years maximum. Extension of 3 years only in exceptional or unusual circumstances
- Short-term Scholars : length of stay is 4 months
- Flight School Trainees : length of stay is 24 months
- Summer Work / Travel : length of stay is 4 months
- A ‘J-1’ holder must extend status by completing Form IAP-66 through a responsible representative of the program. INS Form I-539 is not required.
Certain J-1 holders are subject to the two-year home residency requirement (HRR), and if one is subject to the HRR, s/he must return to the home country for two years before being eligible to return to the U.S. The exception to this would be a case in which one is eligible for and obtains approval of a waiver of the two-year home residency requirement. A person in J-1 status, if subject to the two-year HRR, is not eligible to change or adjust his/her status from within the U.S. (other than to A or G status) until the two-year requirement is met or waived.Included in the category of individuals who are subject to the home-residency requirements are medical doctors. If you do not go home or intend to return home for the residency then most likely they will deny your student visa application.
What We Can Do For You: Waiver of J-1 Visa
If a J-1 exchange visitor subject to the HRR finds that a waiver is needed, there are many options available. There is no guarantee, however, that any waiver will be approved. Some waiver applications require that no other waiver applications be filed for the applicant. Most waivers have additional requirements that must be met to avoid cancellation of the waiver. It is important that a person seeking a waiver carefully choose the option/s right for her/him in order to maximize the likelihood of success.
Our office can assess waiver applicants and submit the appropriate waivers for the applicants’ particular situation. We will analyze your background and advise you on how best to provide the required evidence of hardship to your US citizen or lawful permanent residence status spouse or child. We will assess and discuss all viable options and paperwork required in each particular circumstance.
We are available to advise students wanting to return to the US on a different educational curriculum discuss matters with the International Student Advisor at the college or school on behalf of the foreign student, if necessary. As appropriate, attorneys at our firm can help with submitting the waiver forms and documents for your visa at the consulate or with the USCIS for change of status or extension of stay.
