Visa advice

As always, here are a few of our customers’ questions, answered by our counselors. All of our counselors possess many years of experience with the American immigration law and have profound knowledge of visa regulations, kept up-to-date by constant further and advanced training.

Please note that the following answers, even if they seem apply to your individual situation, do not necessarily have to be the correct answer for you. Since each situation is different, no responsibility is taken for the correctness of this information. To get information and advice for your own individual situation, please only rely on personal counsel and assistance from our experts.

The American Dream GmbH is accredited as an emigration counseling center for the for travel to the US according to German “Auswandererschutzgesetz” (emigrant protection law) and is a member of the American Chamber of Commerce.

Please let us know how we can help you. If you need counseling or an appointment, please contact us and we will assist you flexibly and as soon as possible. Any questions concerning our services and prices can be asked online anytime.

YOUR QUESTION:

I was in the US as an au pair from July 2007 until July 2008. About one month after my return home I applied for a study visa that has been denied twice. I traveled to the US anyway (I didn’t know I wasn’t allowed to travel without a visa after my visa was denied) and returned to Germany approximately 87 days later. I attended the same college I went to during my time as an au pair. Now I would like to try applying for a study visa again. I really want to go back to be with my fiancé. Is it possible that my visa is denied because I have a fiancé and his parents are sponsoring me??? Should I lie during the interview or should I be completely honest?

OUR ANSWER:

That is indeed a very complicated situation. It is very unusual that you were admitted into the country at all. In any case, you should under no circumstances have attended college, because this can have severe consequences. You may not be issued another visa for a very long time, maybe not even a fiancée visa, in case your fiancé ever applies for one. You have probably mentioned him in your last two interviews, and, together with the J-1 au pair visa, this may have been the reason for the visa denial. We do not recommend applying for the F-1 visa again, since then you might not be able to get into the US again for a very long time, especially if you mention your college time after your time as au pair. If you then also mention your fiancé, your situation becomes entirely hopeless. Which is almost irrelevant in your case, since all the other factors are already sufficient grounds for a visa denial.

YOUR QUESTION:

I am a young photographer from Germany and almost done with my training. I would like to get an internship or a temporary work contract in the US. However, I would first like to know what visa is the right one for me and how much it would cost me.

OUR ANSWER:

The right visa for an internship/trainee is the J-1 visa, provided you have a secured internship and qualify for a job that according to US regulations requires training. If you qualify, an exchange organization will provide you with form DS-2019 (for a fee). Otherwise, you may apply for the so-called H-visa, i.e. the H-1B or the H-2B. For the H-2B the employer first has to prove that no US citizens are available for the position. For more information on work visas, please check this and this section on our website.

YOUR QUESTION:

We own a trading company in Germany since 2001, but now we would like to emigrate to the US and establish or acquire a company there. Will it help that we already have an established company here? If we apply for the L-1 visa, can the US company be one of another sector, (e.g. establishment or acquisition of a gastronomic company in the US, but a trading company in Germany?)

OUR ANSWER:

For the L-1 visa, the US company and the foreign company must be in a qualifying relationship. Usually that means that the products you are producing or trading in Germany must be the same you are trading in the US, although there can be market-related differences in product range on a foreign market. In case you are trading in gastronomic appliances (for restaurants etc.) or you want to be a supplier for restaurants and catering companies and have done something similar in Germany (even if it wasn’t the predominant part of your business), this might be assessed differently.

The position of the employee to be transferred has to be similar as well, although he can be in a higher position in the US. Have you considered an E-1 Treaty Trader visa already? If at least 50% of your international trade has been with the US over the past years and you have sufficient documentation proving that fact, this might well be an attractive alternative. Otherwise you could apply for the E-2 Treaty Investor visa in case you’re acquiring a US company. In that case, you have to make a substantial investment (acquisition and restructuring) and hire US personnel.

YOUR QUESTION:

My daughter Eva (16) has been invited by relatives to come to visit them in the US for one semester (about 5 months). (She is supposed to go to high school there during that time.) What kind of visa does she need, what applications, forms, certifications are required?

OUR ANSWER:

Your daughter either has to apply at an accredited exchange organization, where she will get form DS-2019, which she has to present during her application interview at your local US consulate in Vienna. Or you enroll your daughter at a SEVIS approved school (SEVIS = Student and Exchange Visitor Information System). In that case, the school would provide you with form I-20, that she could use to apply for her F-1 visa. In both cases, however, you will have to pay higher school fees than American citizens have to. Enrolling her at a public high school that doesn’t have the same fees as a private school and is not SEVIS approved would be illegal. We would like to point out that a privately organized stay abroad can have severe legal consequences for your daughter. If discovered, it can possibly lead to a ten-year entry ban and lifelong ban from visa-free travel. Please make sure that the school recommended by the host family is on this list by the US government. If not, your daughter cannot attend and has to choose a school that is on the list.