Chang & Boos, Attorneys-at-Law Creating - Transparent Borders  



Immigration Law Weekly

November 13, 1995

My fiancee is 26 year old Turkish citizen. She is a Computer Engineer. Her mother has been living in USA for 7 years and she applied for permanent residence for her daughters in 1992. Now, the mother has become a US citizen. My fiancee lives in Germany now and has permit for another 8 months. She wants to move here in Germany to USA whenever she gets her GC. What she has to do to get her GC as soon as possible ?

Now that your mother is a U.S. citizen, your fiancee can be petitioned under the first preference rather than the 2b preference. The INS should be notified of her mother's U.S. citizenship immediately. They should be willing to change your fiancee to the first preference without changing her priority date (filing date). This will make her eligible for a visa right away. Even if they won't let her retain her priority date, the first preference is current so a visa should still be available now. However, they will be eliminating the ability of parents to petition adult children next year so if she does not act soon, she will not be able to immigrate to the United States.

You should be aware that if you wait until she gets status before marrying her, you will be waiting several years for your own visa. However, if you marry her before she gets her status, she will fall into the third preference and probably will not obtain her visa before they eliminate the category next year. Under these circumstances, you should not get married until she gets her green card.

I am a Canadian...Have been offered the opportunity to invest 170,000 in a US co and to work there. Can I apply to move my family there?

As a Canadian, you are eligible for E-2 investor status. The investment amount is high enough to be "substantial". However, other issues such as the deemed nationality of the business and the proportionality of your investment relative to the total enterprise must also be considered. Read my article on E-2 visas. Be aware that this is a temporary visa and not a green card.

The investor green card category (which does not yet appear in my web database) would not apply to you. It requires $1 million U.S. plus the creation of 10 full time jobs for Americans. In rural or high unemployment areas, the requirement would be $500,000 and five full time jobs for Americans.



 Home Immigration Resources What's New About Us Contact Us Search Press Discussion Forum Web Links Disclaimer
 Copyright © 1995-2006 by Henry J. Chang. All rights reserved.