Re: Desperate to live in USA
 

Thank you all for your responses. This much I do know about A2 Visas: there is more than 1 type. For example, before I was posted to the USA I had an A2 (TDY) Visa. This allowed me to visit the USA on official business as often as needed, but not stay any longer than 3 months at a time (on official business). When I was posted here long term I was issued a different A2 Visa which did not have the TDY annotation. Ian, I think you may be correct when referring to those in possession of A2 Diplomatic Visa. My A2 Visa however, is not diplomatic. I am classed as “Other Government Depts” As the notes on your link read, “the above rules are subject to a host of exceptions….” I am one of these exceptions. Anyway returning to the original problem, that is, me remaining legally in the US. It does not look like an option at this point in time. I think my only chance will be to return to the UK. Then after another couple of years apply for another US posting. By this point my children will both be of full time school age and my wife can look for work with a US company. She then has 3-4 years to convince them that she’s worth keeping and to sponsor her for a Green Card. A long shot, but what have I got to loose?

Re: Desperate to live in USA
 

But wrong, nevertheless. The link I shared is part of the Electronic Code of Federal Regulations. If you still don't believe me, try reading,

http://ecfr.gpoaccess.gov/cgi/t/text...0.2.5.3&idno=8

Section 1103.

Re: In A-2 status; how to stay in the US?
 

To the OP. Have you considered an E-2 investor Visa ? You could purchase a franchise, or other ongoing business (even on credit, as long as it is not secured by the investment itself, so say, secured with Home Equity or Personal Line of Credit, possibly complimented by savings funds, family loans, etc)

With a good lawyer and $50,000-$100,000 minimum depending on business type, others have pulled it off. It is NOT the norm for such a "small" investment to be successful at an E-2, but it's not unheard off either.


E-2 is not a permanent solution, but it is indefinitely renewable. With your child's great health and long life, you only need to pull off the legal status for the next 16-20 years, and when he/she turns 21, he can petition you for full permanent residency (if the law still allows is then, but that's a long time from now.).


You asked for a possible legal way to stick around, and this is one I know you might just be able to pull off

Re: Desperate to live in USA
 

No worries... this has been an education! :)

Ian

Re: In A-2 status; how to stay in the US?
 

Interesting idea. I'll look into it. Thanks these are the sort of suggestions I'm looking for.

Re: In A-2 status; how to stay in the US?
 

Why pitch low? The usually quoted low is 200k or more.

Re: In A-2 status; how to stay in the US?
 

So help yourself and give the yes answers from here. You'll notice the E2 is listed as "Do you have at least $200,000 in cash and an entrepreneurial spirit?".

Re: In A-2 status; how to stay in the US?
 

He said he wasn't rich...

Maybe times have changed, but my Dad's original E-2 was for $125K 6 years ago. In Houston, around that time, there was a guy with a taco stand that applied with $40K and made it on appeal.

Like I said, not typical, just unlikely but still possible.

Re: In A-2 status; how to stay in the US?
 

I think the 6 years ago is significant.

Re: In A-2 status; how to stay in the US?
 

yup, pretty much....unless perhaps it is in an area in need of development and a massive dump, or a business that he saves from going under.

Re: In A-2 status; how to stay in the US?
 

Would it be possible to obtain an E2 Visa is the following situation? Purchase a house which will act as your home and business premises. Say for example, you purchase a house at a cost of $300,000.00 then run your business from the home. Over the course of 2 years you then employ 1 or 2 US citizens to work for you.

Re: In A-2 status; how to stay in the US?
 

LOL ..No ....

Re: In A-2 status; how to stay in the US?
 

Not quite. I am not an expert, but the next step would be to consult with a lawyer that has done several of these succesfully, so you can inquire about businesses he has been succesful within your investment amount range to give you an idea of whether you truly want to pursue this uphill option.

This is the little I remember: The investment must be considered at risk, (Ongoing business investment) and not a passive investment, specifically, I remember rental property a no-no, as it is considered a passive investment. In addition to the investment being substantial, The investment must also be comparable to the cost to start up a similar businesses to be considered sufficient. (I guess you could pull off a quick lube place on $100K, since that's a reasonable cost for one, but not an Automobile Manufacturing Company, or a Satellite Launching company, as those generally need more capital than $100K)

My dad pulled it off with a Self Service Coin Operated Car Wash. It's a cash business with no accounts receivables, so that takes that surprise away, and, the monthly fixed costs are very low. If it's a crappy month due to rain, electric and water bill are low. Since he doesn't have a loan against it, and the money would have been in the bank otherwise, he is VERY happy with his selection.

We looked into several other businesses we thought we might be able to puull off with E-2, including liquor stores, gas stations, food, Tire Shops, Auto Repair Shops, and we even looked at a Washateria.

My dad was not too happy with their high fixed recurring costs, since most all these operate on rental property, and are heavily dependent on labor, so a few bad months will kill you, and there's nothing to show for it. (some businesses selling for as low as $50K had Payroll+rent at $80K and up)

Since you have a long time to make a decision, consider what business type you would feel comfortable running, and what level of risk you are comfortable with. We felt his business choice was very low risk. The ROI is not amazing at all, but he is very happy, and is not "indentured" to the place as with other businesses...he can leave someone in charge, and be absent for a week or two without fear. Not many small businesses allow for this.


Good Luck on your search. If you have $300K available, you should have an excellent chance at an E-2.

(Remember, I'm not even a fake lawyer on the radio-much less a real one, so check everything I say with your competent, experienced E-2 Lawyer. My knowledge is first hand from my Dad's experience, but thus very limited - in statistics they would say n=1; I only have the one case to go on from 6 years ago)

Re: In A-2 status; how to stay in the US?
 

need to employ or save 10 jobs though...possibly less in a ghetto...house can't be part of the business as it has to be a business investment.

Re: In A-2 status; how to stay in the US?
 

Thatsthe EB-5 ..your getting confused