Tailored Immigration And Mobility Strategies For Your Company Or Family

Navigating your path to the United States can be challenging. Our attorneys have the necessary experience to simplify the process by designing a plan that is right for your company or family and meets the requirements of U.S. immigration law. Macaluso LLP provides comprehensive representation of families, companies and entrepreneurs seeking to live and/or work in the U.S.A. Some popular visa options include:

Tourists and Business Visitors

Visitor Visas – B1/B2 multiple entry visas for temporary visits for business or pleasure, not to exceed 6 months for each entry. These visas may be sufficient for seasonal residents or even frequent business travelers but must not be used as a revolving door. Each family member must qualify individually, the traveler’s primary residence must remain abroad and employment/work is not authorized except for foreign employers and under certain narrowly-defined conditions. Children may not attend school.

Non-Immigrant Investors

Treaty Trader (E-1) and Treaty Investor (E-2) Visas for owners, leadership personnel or essential skills employees from treaty countries whose companies conduct “substantial trade” with or made a “substantial investment” in an active business in the United States. Trade can be in goods, services or technology and the “substantiality” of the investment depends on the kind of business founded or purchased. Let us help you evaluate how your plans may be a good fit for this flexible visa category. Unless a change of status is desired in the United States, decisions are made directly at the consular level in the applicant’s home country.

Immigrant Investors

Immigrant investors under the EB-5 category must make a qualifying investment and create ten U.S. jobs – either with their own business enterprise or by participating in one of the many USCIS-approved EB-5 Regional Centers. Minimum investments range from $800,000 to $1,050,000 depending on the location of the investment enterprise.
Based on or – if visa numbers are available – simultaneously with a successful petition, the immigrant may be able to apply for permanent residence at a consulate abroad or by adjusting status in the United States.

Aliens of Extraordinary Ability with Outstanding Achievements in the Arts, Athletics, Academia or Business

High achievers in their “field of endeavor” – (the arts, sciences, education, business or athletics), outstanding researchers or multinational executives/managers can achieve temporary or permanent residence without a test of the U.S. labor market. Let us evaluate whether your achievements and plans qualify you for a visa or even permanent U.S. residency. Nonimmigrants with outstanding records and an employer or manager in the United States may qualify under the O-1 category, and those who wish to immigrate permanently (even without an employer) may qualify for classification as aliens of extraordinary ability under EB-1A or EB-1B.

Multinational Executives/Managers/Specialists

Multinational executives, managers or specialized knowledge employees transferred within an international group of companies may qualify for non-immigrant L-1A visa or L-1B Visa. Managers and executives may qualify for the permanent residence version, the EB-1C. The group of companies must show a qualifying relationship requiring mutual ownership and control, and the transferred employee must have a minimum of one year qualifying experience abroad.

Temporary Visas and Permanent Residence for Athletes

Amateur and professional athletes who come to the United States occasionally and only compete for prize money can usually do so as business visitors.

We have represented athletes and coaches from the world of tennis, soccer, and billiards who wanted to spend more time and – through agents or sponsors – engage in activities other than prize money events. Possible categories for athletes to accomplish these goals are P-1 and O-1 visas or the EB-1 category, which require a petition to USCIS based on their own set of criteria. Successful petitions result in either change or adjustment of status in the United States if the athlete is already here in a qualifying status or consular processing of the visa in their home country.

Reinventing Yourself for the Next Phase of your Life

60 is the new 40 – particularly in the sunny South where communities target seasonal residents – including foreign visitors – with advertising of a worry-free warm and active lifestyle filled with tennis, pickleball and social events. And that is certainly possible with a visitor visa if you can maintain your primary residence abroad.

However, if you want to spend more time in the United States and are not ready for retirement, the United States offers alternatives for those who wish to create a new academic, personal, entrepreneurial or professional phase in their lives.

Have you always wanted to get that degree in philosophy? In the United States, you’re not too old to study. How about contributing your talent, wisdom or expertise to the United States as a consultant in your area of expertise? Can you see yourself going into business with an American partner? The American Dream is not dead, people with visions do not need to seek medical assistance and … before we run out of clichees … if you see a fork in the road, take it. (The last sentence does not constitute legal or medical advice.)

Imagine your best life, review the categories on this page, and you might be surprised where your background and goals may fit. It would be our great pleasure to brainstorm co-create your future with you.

Macaluso LLP has the requisite experience evaluating and shaping our clients’ backgrounds to fit into the various criteria required for a successful petition.

Permanent Residence through Family Based Immigration and Marriage

U.S. citizens and Lawful Permanent Residents can petition to have certain close family members (or aspiring family members) come join them permanently in the United States by filing a “Petition for Alien Relative.” Categories and processing options depend on the petitioner’s U.S. status, the degree of family relationship and the beneficiaries’ location and – if in the U.S. – their own status and/or manner of entry. Filing the petition triggers issuance of a “priority date” by which one can follow the expected time frame in which visas become available.

Visas or adjustment of status are immediately available for spouses, children and parents of U.S. citizens, while adult sons and daughters and siblings of U.S. citizens are assigned preference categories that may entail long waiting times. Green Card holders can sponsor spouses, children and adult sons and daughters but not parents, fiancés or siblings.

Citizenship – the Final Step in Your Immigration Journey

Green Cards are great but still come with requirements for renewal and physical presence that can make an international family’s life difficult. In order to create true permanence, most immigrants therefore take the final step to naturalization. Particularly for families, this is a good idea, as an immigrant parent’s naturalization usually means that the children automatically receive citizenship without having to file their own applications.

Eligibility to apply for naturalization depends on how the Green Card was obtained. With some exceptions for military families, those who received a Green Card through marriage can apply after only three years as long as the marriage continues. Anyone else must wait five years. All applicants must meet their respective physical presence requirement and prove that they are persons of “good moral character,” the show of which involves not only a clean criminal record for the qualifying period but a show that one meets ones obligations by paying taxes and child support where such obligations exist. Questions need to be carefully and truthfully answered, as youthful indiscretions or prior misstatements can come back to haunt the unwary.