The evidence for immigration based on investment
USINFO | 2013-10-25 10:24


The capital investment must be either:
• $1 million U.S. dollars, or
• $500,000 U.S. dollars if the enterprise is in a rural area or an area with high unemployment (these are called EB-5 regional centers or “targeted employment areas”).

Once we determine that you are eligible to seek an investment-based visa, Kanu& Associates, P.C., can help you through the often difficult process of filing paperwork to obtain one. If you are unfamiliar with the U.S. immigration system, this process may be confusing.

First, you need to file a Petition for Alien Entrepreneur, or Form I-526. This form must include supporting documents, or evidence, showing that you are eligible for the visa.

This evidence would include proof that you are:
• Establishing a “new commercial enterprise”
• Investing the required capital amount
• Investing capital that comes from a lawful source of funds
• Creating the required number of jobs (or, if it applies, creating jobs within the targeted employment area)
• Actively participating in the business.

Once the Form I-526 petition is approved, you can then obtain status as a conditional U.S. resident by either:

• Filing a Form I-485, Application to Register Permanent Residence or Adjust Status, with the U.S. Citizenship and Immigration Services (USCIS) to adjust your status to being a conditional permanent resident within the U.S., or

• Filing a DS-230, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State in order to obtain admission to the U.S.
Once the Form I-485 is approved or after your entry into the U.S. with the EB-5 investment-based visa, you will have two years in which you (and your family members) are conditional permanent residents.

In order to become a lawful permanent resident, you will need to file a Form I-829, Petition by Entrepreneur to Remove Conditions, with the USCIS. You must do this 90 days before you reach the two-year anniversary mark. If this petition is approved, then your “conditional” status will be lifted. You and your family will be permitted to live and work in the U.S. permanently.

However, if any of these petitions are incomplete or inaccurate, it can lead to a delay in decisions and can seriously jeopardize the approval of your petitions. This is why seeking the help of an experienced immigration lawyer can make a big difference in achieving your objectives.

 

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