Legal Question in Immigration Law in California
Corporations and Immigration
If I formed a corporation in California, am I able to obtain residency in the US? I am a partner of 4 and the company is a year old. We have actually not began to show a profit and we are in home video distribution. I have never left the country since I came here in 88 from Latin America and have no problems with the law. Thank You.
3 Answers from Attorneys
Re: Corporations and Immigration
How have you been in the US since 1988?
Please reply to me directly via email at [email protected]
Thanks,
Anja Freudenthal
Re: Corporations and Immigration
No. Anyone can form a corporation in California for around $600. If it's that easy, all persons with no valid papers in the US would do the same and get permanent residency.
Foreigners wishing to do business in the US sometimes form a corporation to qualify for the E-1/E-2 visa, which is not permanent residency, but is only a temporary visa. However, such a corporation has to show substantial trade with the home country, or a substantial investment here. More seriously, since I assume you've been out-of-status or illegal here since 1988, you would have to go back to the US consulate in your country to get this E-visa. They would probably deny it, however, as you've had no papers in the US for so long. Also, the departure would bar you from coming back to the US for ten years. If you've been here legally since 1988, however, then the above doesn't apply.
Liem Doan, Esq.
Note: The above response is provided for legal information only and is
not legal advice. Such advice can only be rendered after an
attorney-client relationship has been expressly established.
Re: Corporations and Immigration
If you have been staying in the USA illegaly you cannot change your status unless amnesty program such as 245 (i) becomes avilable. So...L and E visas are out of question. Other way to acquire greencard would be by marrying US citizen. Since you are in this country for more than 10 years...if you have US citizen children.and/or other immediate family members who are LPR or US citizen..you will be eligible for cancellation of removal...and if approved will get you permanent residency as well.
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