Asylum

In order to be eligible for asylum in the United States, an applicant has the burden of proving:

● an inability or unwillingness to return to their home country of nationality because of persecution or a well-founded fear of persecution

● on account of race, religion, nationality, political opinion, or membership in a particular social group, and

● the persecutor is a government actor or a non-governmental actor that the government is unwilling or unable to control

Asylum status is available to people who are already in the United States or are seeking admission at a U.S. port of entry. This is different from “refugee” status, which is granted to someone who is still outside the United States.

An asylee (i.e., a person who is granted asylum) is allowed to live and work in the United States. After one year, the asylee may apply for lawful permanent resident status (i.e., a green card). Once the individual becomes a permanent resident, he or she must wait four years to apply for citizenship.

The E-2 Investor Visa

The E-2 Investor Visa allows businesspeople from certain countries to work in the United States based on a business in the United States in which they invest. To qualify for an E-2 visa:

● The applicant must be a citizen of a treaty country. (A list of treaty countries can be found here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html)

● The applicant must invest in a bona-fide enterprise in the United States. (In other words, it must be an actual business that offers goods or services to customers.)

● The investment must be substantial. (Although there is no minimum amount required, generally an investment of $100,000 to $200,000 would be needed.)

● The investment must not be marginal. (In other words, the income from the enterprise must be significantly more than just a means to support the living expenses of the investor. The underlying goal of the E-2 visa is to provide a significant economic impact in the U.S. and to create jobs for U.S. workers.)

● The applicant must be coming to the United States solely to develop and direct the enterprise (The applicant must be at least a 50% owner of the enterprise, or the applicant must control the enterprise through a managerial position.)

● The applicant must provide proof of intent to return to their country of origin (The E-2 visa is valid for two years, and there is no maximum limit to the number of extensions that may be granted. However, since the E-2 visa is a non-immigrant visa, the applicant must demonstrate an intention to return to their home country.)

Steps to Apply for a Tourist Visa to the United States

The B-2 tourist visa is for people traveling to the United States temporarily for pleasure or non-business purposes. If you apply for a tourist visa, you must do the following:

● Have a passport with a validity date at least six months beyond your intended period of stay in the United States.

● Get two 2-inch by 2-inch (5cm x 5cm) photograph taken within the last six months.

● Fill out Form DS-160 (which can be found at https://ceac.state.gov/genniv/) and pay application fee (currently $160).

● Schedule your interview at the U.S. Embassy.

● Study the answers you wrote on your DS-160. The consular officer will ask about these in your interview to make sure your answers in your interview correspond to the answers you wrote on the DS-160.

● Bring supporting documentation to the interview, such as current proof of income, pay slips from your job, tax records, bank statements, property ownership, invitation letter, etc. The purpose of the supporting documentation is to show the consular officer that your have reason to return to your country and that you will not overstay your visa in the United States.

● If approved, you will leave your passport at the Embassy and pick it up some time later with your tourist visa.