World Journal Weekly Q & A - October 30, 2011

Q & A 1. 2.

Q&A 1.

What are possibilities of EB-13 Immigration for Canadian with L-1 status and small company?

A Canadian asks:

I am Canadian, have a small company in Canada with two employees doing import/export from Hong Kong, registered a U.S. company, and came across the border with L-1A approval for one year.  In our U.S. company, there are two employees, me and my cousin.  We work out of my cousin's house because we would like to reduce expenses and not rent an office.  It is also not my intent to hire more employees.  My wife and son both hold L-2 status.  We're thinking of buying a house to live here long-term.  What are our chances of obtaining green cards through the company?

Dear reader:

I do not see much possibility in your present plan to obtain permanent residence through your company.  You are undoubtedly inquiring about switching over your status to permanent residence through the EB-13 category for multinational managers or executives.  Size matters in this type of case to U.S.C.I.S. The number of employees that you contemplate would not be seen by U.S.C.I.S. as requiring the services of a manager or executive.  As you were approved for one year as a new company, you should work on expanding in terms of employees, office space, and business to warrant even the granting of an extension of your status.  After you obtain the extension of status, you may be able to apply for permanent residence so long as your business appears to be developing and viable.  I do note that there are cases in which U.S.C.I.S. has granted extensions of status but denied requests for permanent residence in EB-13 cases.

Q&A 2.

LPR Parents Wish to Give Up Green Cards and Re-immigrate in Eight Years- Viable Plan?

A Couple asks:

My wife and I are U.S. permanent residents.  We live with my eldest daughter and help her taking care of her household.  Her two children have grown and we are not being tied up by our grandchildren.  However, our youngest daughter is still living in China and is pregnant with a due date next year.  Her sister filed F4 paper for her but she needs to wait for 8 years.  We wish to go to China to help our youngest daughter next year for a long period of time.  Our questions are: Can we temporary give up our green cards and wait for 8 years with our youngest daughter in China?  Then we would re-apply for green cards.  Is this feasible?

Dear reader:

Your plan to give up your green cards to return to China and live with your youngest daughter until she is ready to immigrate under your eldest daughter's F-4 petition is workable so long as your oldest daughter will re-sponsor both of you at the future time.  That means of course that your oldest daughter will still be a U.S. citizen and have the financial wherewithal to financially sponsor both of you.  If she is not financially capable, she would have to find a credible co-sponsor to take up the financial burden of guaranteeing your support. 

 

Copyright © 2003-2012 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.