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 to 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:

My girlfriend and I booked a flight to the US in December, we are planning to stay for four weeks. We are going to visit my girlfriend’s sisters over Christmas/New Year’s. Now I learned about a problem I didn’t know about: eight years ago I was sentenced to one year in prison and two years probation for illegal drug possession. I have had nothing to do with drugs since then have had a secure job for several years now. I don’t know what to do, I am concerned that because of my past I won’t be able to enter the US at all.

 

OUR ANSWER:

In this case, you may not travel under the Visa Waiver Program. You have to state your history on the visa application and US immigration services needs to authorize the your local US consulate to issue your visa. If you travel visa-free and it is later discovered that you did not have the appropriate visa, this may have severe consequences for you, e.g. an entry ban over several years. Unfortunately, your chances of obtaining a visa are rather slim after your prison sentence, especially if you were sentenced for drug possession, even if that was a long time ago. You may have to prepare yourself for the possibility that you may not be allowed to enter the US for several years to come.

 

YOUR QUESTION:

I am in the US at present, where I am visiting my relatives. Now I would like to ask you, whether it is possible for me to work here, since I am staying for three months. What visa do I need and how do I apply for it?

 

OUR ANSWER:

Unfortunately you cannot engage in any kind employment, since visa-free travel is valid only for tourist and business purposes, not for taking up employment. The term “visa-free” only describes the situation, but not any kind of purpose is covered by that. A petition for change of status for you can only be filed by a US company, which in most cases doesn’t work since you cannot change your tourist status under visa-free travel. Additionally it is unlikely that a US company would be willing to start a complicated work visa application if you are only staying for a short time anyway.

 

YOUR QUESTION:

I have a question concerning the E-2 Treaty Investor Visa: I have come across a number of different statement concerning the necessary sum of investment. Some say it has to be at least $100,000, and some say it depends on the enterprise (size, costs, personnel etc.) Which of the two answers is correct?

 

OUR ANSWER:

It is actually a combination of both. Crucial is that you not only provide evidence of your investment, but also documentation of how your enterprise is beneficial to the region as such. The main point of this is to show that jobs will be created. The lower your investment, the higher are the expectations concerning the number of jobs that will be created. Of course you have to provide evidence showing that any hired US personal will be paid, also in the long run. There is no law stating a minimum investment. However, with an investment of less than $100,000 you have to be prepared for the fact that you might only receive a visa for two years, instead of the usual five.

 

YOUR QUESTION:

I am currently holding a J-1 visa for 12 months that expires in November and cannot be extended (according to my organization). However, my employer would like to keep me and I would like to stay. I studied hotel and restaurant management in England and have a bachelor’s degree. I work as an intern in a hotel here and am currently working in F&B management.

 

OUR ANSWER:

Your employer can file a petition for the H-1B visa for you from April 1, 2009 since you are meeting the standard requirement with your bachelor’s degree (a US institution should however, certify that it is the equivalent to a US bachelor’s degree). You could not, however, start working before October 2009, no H-1B visas are available before that (other visa categories also exist, without a cap). Unfortunately, you may not be allowed to stay in the US while your adjustment of status application is being processed. So after your J-1 visa has expired, you may have to be prepared to leave the US for a while. Please make sure that you are eligible for the H-1 visa. You may not be eligible if you received subsidies through your organization from funds from the US or your home country. This will be noted on your J-1 visa.