Home  Immigration Immigration Q&A
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Monday, 18 August 2008 |
Question: I am a US citizen and I petitioned for my brother almost 12 years ago. Finally, the case has been approved and the visa center is sending me bills to pay for the case. I have some questions. My brother got married since I filed the I-130 petition, so I was wondering if there was any way that my sister -in-law and their children can immigrate with my brother. Also, my elderly parents live with my brother and his family, so can they also immigrate also? My sister-in-law takes care of them because they are not in good health. We don’t think they could live alone.
Answer: The good news is that your brother’s wife and the couple’s minor children (under 21) can immigrate with him. They are considered to be your brother’s “dependants”. However, you will need to contact the National Visa Center (NVC) and give them information and documentation on your brother’s family, in order for the center to begin processing the immigration visas for the family together. The NVC’s telephone number is listed on the bills you received. Once the NVC has received the required documentation, they will send you an immigrant visa processing bill for each of the additional family members. Once you pay the bills, the NVC will then send you a visa processing package called “Packet 3”, which includes information on providing the required I-864 Affidavits of Support and supporting documentation, as well as required consular forms (called DS230). After the required documentation and information has been sent to the NVC, your brother will receive the final Packet, which will give him information on obtaining medical exams and other required documents for himself and his family before attending the final immigrant visa interview.
As for your parents, you will need to file family petitions for both of them separately in order for them to be able to immigrate. They are currently in a special category called “Immediate” family members. Therefore, the process is fairly quick, about 6-12 months if they process at the Embassy in their home country. If they have US tourist visas, they can come into the U.S. and both the family & Green Card petitions could be filed for them and they can remain here while waiting for their U.S. Residency.
Question: Is it true that if a person has been a U.S. Resident for 20 years, they automatically become a citizen?
Answer: No, unfortunately that is not true, but it sounds like a good idea.
Question: I have a question about E2 visas for investors. I heard that nationals of Caribbean countries have this special visa and can invest a certain amount of money to start a U.S. company and be able to live in the U.S. and run the company. Is there such a visa? I have heard that I can buy a home and still qualify, is that true?
Answer: It is true that the E-2 investor visa for nationals of many Caribbean countries is based upon a special investment treaty that the U.S. has with those countries. It is a great way for an investor to be able to start a new business, or buy an existing one in the U.S., live and work here almost indefinitely (under current immigration laws). The E-2 is considered as a temporary work visa which is renewable for an indefinite period as long as the investor continues to operate the on-going business. A great thing about the E-2 visa is that spouses can obtain a work permit and work independently from the E-2 investor spouse.
However, the investor must make a "substantial investment" in a U.S. business in which the investor will oversee or direct in a capacity that is either executive or supervisory. There is no fixed amount of investment necessary to qualify for an E-2 visa, however, the USCIS has become much more conservative in its approvals of E-2 investments, so the more money invested, the greater chance of E-2 visa approval. To qualify, the investment enterprise must be engaged in providing goods or services, not simply receiving investment revenues, such as when an investment is primarily in real estate or some other "passive income" generated from owning a home.
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