- This Column is contributed by: Immigration Attorney Caroly Pedersen, Esq. With over 20 Years of Experience in Immigration law American Immigration Law Center – Call 954-382-5378Email Your Immigration Questions to: zplaw@fdn.comAddress: 2771 Executive Park Dr. Suite 4 Weston, FL 33331
New Law provides naturalization for military personnel after only one year of military service – The new rules for Military personnel, effective January 19, 2010 provide for expedited Naturalization to residents serving in the military for one full year. The previous rule required three years service.
New Immigration Bill May Provide Entrepreneurs With Quick Route To A Green Card - As Comprehensive Immigration Reform remains at a standstill due to congressional inaction, the chances of a reform Bill becoming law in 2010 grow dimmer and the 2010 election season grows ever closer. In the meantime, a new immigration related Bill has been introduced in Congress by Senators Richard Lugar (R-Ind) and John Kerry (D-Mass) which would provide a quick route to a Green Card for entrepreneurs who start new businesses in the U.S.. The Start-Up Visa Act of 2010 would create a new investment visa category called “EB-6” for immigrant entrepreneurs. It would allow foreign nationals to start new businesses without requiring an excessive amount of initial investment capital and to obtain a Green Card for themselves and their immediate family after a two year period, as long as the investor can show that the business has created at least five full-time jobs and either attracted $1 million in additional investment capital or had gross revenues of at least $1 million. This new investment visa proposal is aimed at attracting more foreign investment and jobs creation. It is also offered as an alternative to the current investment visa called an EB-5, which allows foreign investors to obtain Green Cards through U.S. investment in several ways: 1) requires an initial investment of $1 Million dollars and the employment of 10 employees for two years or 2) requires an initial investment of $500,000 dollars in an economically depressed area and the employment of 10 employees for two years or 3) requires an initial investment of $500,000 dollars in a USCIS approved investment center which itself creates jobs for 10 workers for two years.
The existing EB-5 visa can be difficult for many foreign investors due to the high initial capital investment and the requirement to employ no less than 10 employees for two years. I will give updates on the status of the bill once an action is taken on it.
THIS MONTH’S IMMIGRATION QUESTIONS
Question: I got married to my American husband in January 2007 and got my Green Card in August 2007. I have been married for three years and want to apply for citizenship. My husband and I are happily together, so I want to be sure I can apply early by counting three years from my marriage or count the three years from my green card?
Answer: That’s a great question. There is a lot of confusion in this area and many applicants file too early and lose their $675 Naturalization filing fees. Spouses of U.S. Citizens are eligible to apply for early naturalization as long as they meet several criteria: 1) Marriage to a U.S. Citizen spouse for at least 3 years, 2) The U.S. Citizen spouse must have been a U.S. Citizen for at least 3 years AND 3) The U.S. Resident spouse must have been a Permanent Resident for three years. As long as all the criteria are met, early application for Naturalization can be made 2 years and 9 months from the date the U.S. Resident spouse obtained a Green Card. Make sure and use the date of obtaining residency listed on the Green Card. In your case, you don’t count the date you married in January 2007, you count the date from when you obtained your U.S. Residency in August 2007.
