Immigration & Nationality Law Services
We provide strategic immigration counsel to businesses, investors, families, and individuals navigating a complex and evolving legal system. Our practice includes business immigration, family-based matters, adjustment of status, consular processing, permanent residence, naturalization, waivers, humanitarian relief, and selected federal court actions. We also represent clients in defensive immigration matters, appeals, mandamus actions, and habeas corpus cases where more advanced legal strategy may be required. Across every matter, our focus is on delivering clear guidance, careful preparation, and well-structured representation tailored to the client’s goals and circumstances.
Individual and Family Immigration
Business
Immigration
One of the most important areas within immigration law is Business Immigration, particularly for employers, entrepreneurs, investors, and foreign professionals whose immigration strategy is tied to broader business goals. From a legal standpoint, immigration planning should not be treated as an isolated process. It should be aligned with the client’s employment structure, expansion plans, investment activity, or long-term professional objectives in the United States. Early legal guidance in this area can help identify the most appropriate strategy, reduce unnecessary delays, and ensure that immigration decisions support broader business interests.
Citizenship
American citizenship or nationality is the status of a natural person as a legal member of the United States. It involves rights, privileges, immunities, and economic benefits including federal assistance.
Residence
Foreign immigrants who obtain legal Permanent Residence are given a resident card, also known as a “green card.” This authorizes them to live and work legally and permanently within the United States.
E-2 Visa for Investors
Investor visas (E-2) are nonimmigrant visas for citizens of a country with which the United States maintains a trade or navigation treaty or agreement and who wish to go to the United States.
Student visa
There are two categories of nonimmigrant visa for people who wish to study in the United States. The “F” visa is for academic studies, and the “M” visa is for non-academic or vocational studies.
Refugees and Asylum
Refugee or asylum status may be granted to people who have suffered persecution or who fear persecution for reasons of race, religion, nationality, and/or membership in a certain social group or political opinion.
K-1 Visa for Fiancees
The K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States.
H-3 Visa for Training
The H-3 nonimmigrant visa category allows foreigners to come temporarily to the United States for the purposes of receiving specialized education.
0-1 Visa for People with Extraordinary Abilities
Individuals with skills in science, arts, education, business or athletics, or have demonstrated a record of extraordinary achievement and have been recognized nationally and internationally.
VAWA Residence for Victims of Violence
VAWA is the acronym for a law called the Violence Against Women Act, or Violence Against Women Act to protect victims of abuse who are not citizens of the United States.
Trader (E-1) visas and Investor (E-2) visas were established in order to facilitate and improve economic interaction between the United States and other countries. Its purpose is NOT to serve as a means for foreigners to permanently reside in the United States or under its laws, which specifically states that holders of an E-2 visa must enter “only to develop and direct the operation of a company in that which He or She has invested.”
On the other hand, these visas are Non-Immigrant visas and therefore are temporary. Trader or Investor visas can be renewed or extended only if the investment or commercial exchange continues to meet all the requirements of the United States Immigration laws. People who wish to remain indefinitely in the United States must apply for the corresponding Immigrant Visa.
It's about becoming a business owner. The business can be created from scratch or it is also possible to buy an existing business. It is even possible to use these visas to send employees of a company to work in a subsidiary of the same in the United States. What is not allowed is to apply for the E-2 to manage a business that has been inherited in the United States. The business can be a franchise.
The business must be real and active. It must produce a good or a service. Additionally, you must have all the necessary permits and licenses to operate. It cannot be a non-profit organization.
Business size. The law is silent on this point and does not require a minimum size. However, it is strictly necessary that it generate benefits that go beyond merely covering the expenses and needs of the investor and his family. What's more, it calls for what is called a “major contribution to the economy.”
Countries of which the investor must be a national. These are the Spanish-speaking countries whose nationals can apply for this visa: Argentina, Bolivia, Chile, Colombia, Costa Rica, Ecuador, Spain, Honduras, Mexico, Panama and Paraguay.
Investor's family. The husband, wife and children under 21 years of age of the investors can have a derivative visa to live in the United States.
The spouse may apply, once in the United States, for a work permit that will allow him or her to work for another company, for that of his or her partner, or even create his or her own business.
Children will only be able to enjoy this visa until they are 21 years old. After that age, they will have to leave the country or have another visa that allows them to remain in the United States.
E-2 Investors by Trade Agreement
Who Can Request a Change of Status to Classification E-2?
If the treaty investor is currently in the United States in legal nonimmigrant status, he or she may file Form I-129 to request a change of status to the E-2 classification. If the desired employee is currently in the United States in legal nonimmigrant status, the eligible employer may file Form I-129 on the employee's behalf.
How to Obtain the E-2 Classification if You are Outside the United States?
An application for E-2 classification cannot be made on Form I-129 if the person applied for is physically located outside the United States. Interested parties should consult the US Department of State website for more information on how to apply for an E-2 nonimmigrant visa abroad. Once the visa is issued, the person may apply to a DHS immigration officer at the U.S. port of entry to be admitted as an E-2 nonimmigrant.
General Requirements of an Investor for an E-2 Commercial Agreement
To qualify for E-2 classification, the treaty investor must:
- Be a citizen of a country with which the United States maintains a treaty of commerce and navigation
- Have invested, or are actively in the process of investing, a substantial amount of capital in a genuine company in the United States.
- Try to enter the United States solely to develop and run the investment company. This is established by showing ownership of at least 50% of the company or possession of operational control through a management position or other corporate device.
Travel Authorization Program for Investors.
Potential investors can search for business opportunities, sign contracts, make purchases or activities to establish their business by traveling with a type B1/B2 visa or with the Travel Authorization Program. However, applicants cannot develop or operate a business while in the United States with this visa or status.
Department of State regulations state (9 FAM 41.31 N9.7), “an individual seeking to invest in the United States, including an investment that could qualify him for an E-2 investor visa, is excluded from engaging in productive activities or participating in actively in the administration of a business until the E-2 Visa with investor status has been granted. Such actions are prohibited whether or not the investor receives any type of payment for their work.
A substantial amount of capital is:
- Substantial relative to the total cost of purchasing an established business or establishing a new one.
- Sufficient to guarantee the financial commitment of the treaty investor to the successful operation of the company.
- Of a magnitude that supports the probability that the treaty investor will successfully develop and manage the enterprise. The lower the cost of the company, the greater, proportionally, the investment that must be considered substantial.