Humanitarian Parole: Your Last Best Hope

Humanitarian Parole

Immigration can parole into theUnited Statesany person on account of urgent medical or humanitarian reasons or other emergencies. Humanitarian Parole is often a “last chance” to gain entry to theU.S.for those individuals who are not otherwise eligible for a visa. It is prescribed on a case-by-case basis and may not be used to circumvent normal visa-issuing procedures or applications for refugee status.

Who Can Apply?

Humanitarian Parole can only be requested for persons who are outside of the U.S. Anyone can file an application for humanitarian parole: the prospective parolee, a sponsoring relative, an attorney or any other interested individual.

How long is the Parole valid for?

Humanitarian parole is granted for a period of time to coincide with the duration of the emergency or humanitarian situation that forms the basis for the request. There is a maximum time limit of 1 year, although this time can be extended indefinitely while in theU.S.

How can We help?

These cases can be very complicated. Financial support, DNA evidence, congressional support, and voluminous evidence documenting the emergency or humanitarian situation are often required. We will formulate a strategy for your case and prepare the application and supporting documentation in order to maximize the chances of its approval. Please feel free to contact us so that we may be able to assess your case.

INVESTMENT VISA OPTION

INVESTMENT VISA OPTION

Due to increase criminal activities and violence south of the border, many business owners are seeking to re-locate to theUnited States. This can be a very viable option for businesses. However, there are some very specific requirements to obtain an investment visa.

 

The E-2 (Treaty Investor) visa requirements:

The E-2 visa is often the most appropriate visa for investors buying their own business or establishing a new business in theUnited States. The documentation which must be submitted to the American Embassy, however, is quite extensive, and recently documentary standards have been raised further. If a citizen of another country you may also be eligible, if your country has an appropriate treaty with theUS.

Key requirements:

To qualify for this visa the most important factors are:

1. SUBSTANTIAL INVESTMENT: Your investment must be substantial. This is not defined in dollar terms, but is related to the amount necessary to purchase an existing business or establish a new business. Investments at the lower end of the range are usually between $100,000 and $150,000, but can be less than that. However, it may be difficult to get approval for E-2 visas if smaller investments are involved. Some financing is possible. However, we do not normally recommend more than 25% – 30% of the purchase price be financed for investments in the range $100,000 -$500,000. Your investment must be irrevocably committed to the purchase and should be placed in a special escrow account – funds in a business account, for example, are normally insufficient to qualify you for an E-2 visa.
2. NON-MARGINAL INVESTMENT: You will need to demonstrate that the business in which you are investing will generate more than enough income to support you and your family, and will contribute to the economy, usually by employing US workers.
3. ACTIVE INVESTMENT: The business must be a fully operating business as you, the applicant, are expected to be actively engaged in developing and directing it. Passive investments do not qualify.
4. INVESTOR MUST BE THE SOURCE OF FUNDS: The investor must be the source of the invested funds. Personal loans from relatives or friends can be considered part of your investment as long as the business is not collateral for the loan. Gifts of funds for the investment are also permitted.

Additional information:

The E-2 visa regulations currently allow for two co-investors to invest in and obtain visas to work in the business. This can be, for example, husband and wife, father/mother and son/daughter, or two unrelated business partners may also both be able to obtain E-2 work visas. E-2 investors are only permitted to work in their own business, not elsewhere. The spouse of an E-2 investor can apply for work authorization once in theUS, which will allow him/her to work for any employer.

Dependent children under 21 will normally receive E-2 dependent visas valid until their 21st birthday. Dependent visas do not permit recipients to work in the business or elsewhere, but they can study or simply accompany their parents. After reaching the age of 21, to stay in theUSthey will have to qualify for visas in their own right. They could obtain F-1 visas, if attending college, which would continue for the duration of their course of study; or they could become investors in a business and qualify for E-2 investor visas in their own right. If they are university graduates, they could qualify for H-1B visas for professional positions. H-1B numbers are however subject to an annual restriction.

Elderly or disabled dependents can usually accompany you. They must obtain B-2 visas, and are normally permitted to stay in theUSwith you as long as you remain in valid E-2 status. Their B-2 visas can be obtained simultaneously with your E visas.

E-2 visas can be issued for up to five years. On renewal the visas are often granted for five years as long as the Embassy is satisfied that the business continues to meet the E-2 requirements.

Green Card considerations:

The E-2 visa does not automatically lead to a Green Card (nor does any other non-immigrant visa). However, as investors, you can keep renewing your E-2 visas indefinitely, as long as you continue to run the business successfully. If you have a business in another country which continues to trade while you are in theUS, you and your family may be able to qualify for Green Cards on the basis of a Multinational Manager application, after theUSbusiness has traded for at least one year. Other routes to obtaining a Green Card, after an initial E-2 visa:

1. Sponsorship by a close relative (parent, child or brother/sister, with varying waiting periods). If you have a child who marries aUScitizen, he/she can obtain a Green Card. Once aUScitizen, he/she can sponsor a parent for a Green Card.
2. Sponsorship by a prospective employer, where the employer can satisfy the Department of Labor they cannot find an American to do the job. This can take two years or longer. This, unfortunately, is a complicated and time consuming process.
3. Making an investment of $1 million (or $500,000 in a rural area or area of high unemployment) in a business, and creating 10 new jobs or investing in a Regional Centre which is pre-approved by USCIS.

For some people none of these represent viable options. In that case you can still remain on an E-2 visa in theUS, and renew this every five years.