The past few weeks, I have received calls from individuals looking to get information about filing for an investor visa under the E2 Visa category in New York City. From the outset, I’m always impressed with immigrants who have such faith in our economy, that they would take their hard earned money and invest it into a business here in New York City. In fact, even our Mayor has made many statements about how beneficial immigration is to our economy. Anyway, let me get back to the issue I want to blog about. Many of our callers seem to think that to apply for an investor visa (E2 Visa) the investment amount must be an extraordinary amount. There is no such requirement. In fact, within the past month or so, we have received approvals of E2 Visa applications for individuals who have invested less than $50,000 into a business here in New York City. In fact, one investor had invested about $30,000 at the time of filing the application. What is important is not necessarily the amount that was invested, but whether the investment is an investment in a real enterprise and whether such funds have been put at risk. As far as the type of business that qualifies for an investor visa, almost any business will do so. We have even successfully filed investor visa for an individual that owns a kiosk in a mall (you know . . . one of those little booths in mall that perhaps sells pillow pets or cell phone accessories).

The point is Immigration recognizes the need for immigrant investors. Don’t presume your investment is to small to qualify . . . Our experiences of successfully filing countless numbers of E2 Investor Visa applications has taught us that as long as you have a real investment, you will qualify.

All too often, my office is confronted with someone from New York City (NYC) who has a criminal conviction and needs to apply for a waiver during a green card (permanent residency) application or while in Immigration Court in New York City. The fact that you may have been arrested or convicted of a criminal offense may not be the end of the world. Yes, certain convictions may bar you from being eligible for relief, however there may be waivers available. A waiver is basically a pardon, where immigration known as the United States Citizenship & Immigration Services (under DHS – Department of Homeland Security) forgives the offense. It is usually based on proving certain factors, such as hardship to the alien and/or qualifying relatives. A balancing test is usually applied where the positive and negative are weighed.

In many cases, all is not lost simply because there is a conviction. You should also however be aware that certain crimes which may not appear to be serious are offenses for which Immigration can deny your green card, or worse, deport or remove you from the United States. As such, if you or a loved one,
has had issues with the criminal justice system, do not gamble. Consult with an attorney!!!!!!!!