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:

I am currently attending a German Gymnasium (academic high school). My future husband and I want to emigrate to the US as soon as I graduate. We do have the money for a house and also enough to live off without problems for a few years. How can we obtain a residence and work visa?

 

OUR ANSWER:

You can obtain a residence permit by having a US employer petition for a temporary or permanent (green card) residence permit for you, or by applying for family reunion (only possible with close relatives in the US). Having sufficient capital is not enough to qualify for an extended stay.

 

YOUR QUESTION:

We have relatives in California and Texas. We already visited them six times for approximately four weeks. My wife and I are pensioners with a steady income. We would like to go there on vacation for six months in 2010. As pensioners, do we need a B-2 visa for that?

 

OUR ANSWER:

Yes, you do need a B-2 visa. Along with the application to your local US consulate you should submit documentation such as pension approval certificate, documentation about any property you are holding or the lease for your apartment, as well as additional documentation proving close ties to your home country.

 

YOUR QUESTION:

I work at an educational facility and I’m spending my vacations in the US up to twice a year. I have sufficient income (German employer), my children are attending school in Germany. Essentially, my wish is to work eight months and spend four months of vacation in the US. I have been here four weeks now on a tourist visa, and I’m living with my boyfriend, who is holding an L-1 visa from his company. I found that searching for a job that would allow me to apply for the H-1B visa is quite difficult. One idea would be to apply for the B-1 or B-2 tourist visa so I could stay here until the next application period for the next school term. Or I could marry my boyfriend to get the L-2 visa as his wife. My question now is: how long does it take after the wedding for me to get this visa and be allowed to work?

 

OUR ANSWER:

In order to change to the H-1B or L-2 visa, you need a valid nonimmigrant visa. The B-2 visa would be such a visa, but you cannot apply for it for the purpose of having your status adjusted later. If you state that as a reason for applying, your application must be denied. You also have to be careful not to mention that you want to use the B-2 to look for a job in the US. Therefore we would recommend, in case you get married to your boyfriend, to apply for the L-2 visa. This can only be done at a US consulate in Germany. So this makes sense, since you need a valid visa for leaving and reentering the country. After reentering the country on your L-2 visa, you can apply for the Employment Authorization Document (EAD) at US Citizenship and Immigration Services.

 

YOUR QUESTION:

I am currently working in South Africa, I am a German citizen and absolutely want to start working in the US. I have sent my resume to one company. They would be interested, but cannot sponsor me, since they are not accredited for sponsorship by the US government. Is there another way of obtaining a work visa? Or do I have to look for a company that can sponsor me?

 

OUR ANSWER:

The company in the US probably has been incorrectly informed. Basically, every US company can petition for a residence and work permit for you. There is no need for any special registration with the US government. However, it is difficult at present to obtain certain long-term work visas, such as the well-known H-1B visa. This is limited in number and very popular among US companies, so every year, more petitions are submitted than there are visas available. Sometimes “no sponsorship” is just a way of saying that the company doesn’t want to or can’t pay for the costs of the entire process. In that case, you could always offer to pay for lawyers and fees of US authorities yourself.

 

YOUR QUESTION:

We (my boyfriend, German citizen, and I, Austrian citizen) want to emigrate to Florida next year. We have already discovered that it is not that easy to immigrate into the US and obtain a permanent residence permit, or that even the internet doesn’t offer sufficient information. What do we need in order to obtain a permanent residence permit for the US? What documents do we need for the application? Can we already apply in at the consulates in our home countries (Germany and Austria) for the residence permit? And my boyfriend is also asking what he needs in order to go into business for himself in Florida.

 

OUR ANSWER:

The application for a residence permit is usually handled for you by a US company, or a foreign company with an office in the US. You can only apply independently of that if you are investing in a new US company or acquiring an old one that is already established. Since you are not married you have to apply separately via a US company or an Austrian company with an office in the US. In case you decide to invest, the investor can obtain one E-2 visa for himself/herself and for an employee who is essential to the job, provided he or she has the necessary qualification. A US company or foreign company with an office in the US will submit the petition to the US Citizenship and Immigration Services. For an E-2 investor visa, please apply at your local US consulate.