A BUSINESS OR B-1 visa is issued to a nonimmigrant visiting the United States for business-related activities such as consultation with associates, negotiation of contracts, and participation in professional conventions and conferences.
On the other hand, a tourist or B-2 visa is issued to one who is traveling for pleasure, visiting relatives, or seeking medical treatment.
Because most business trips include tourist activities, consuls usually issue a combined B-1/B-2 visa.
No guarantee for entry
A visa, however, does not guarantee entry into the United States. The immigration officer at the US port of entry may also deny the entry of a visa holder.
A B-1/B-2 visa holder may legally stay in the United States for a maximum of six months, depending on the decision of the immigration officer.
Aside from the basic requirements of passport, application forms, and fees, applicants for a B-1/B-2 visa are required to submit the details of their trip, evidence of their ties to their mother country, and their financial status, which may include bank statements, employment certification and audited financial statements.
According to the US Embassy website, “essentially, the visa officer needs to see that the applicant has compelling reasons to return to the Philippines.”
Generally, B-1/B-2 visas issued to Filipinos are for multiple entries and are valid for five years.
RONALDO arrived in the United States on a visitors visa. He used to be an employee of a prominent and wealthy businessman. After many years of earning profits from illicit activities, Ronaldo left his employer and went to the United States. He had more than a million dollars in cash available for investment.
According to Ronaldo, his family’s safety was at risk so he wanted to settle in the United States for good. But after consulting with a lawyer, Ronaldo was informed that even if he had possession of a significant amount of cash, he may still not qualify for an investor’s visa.
Thereafter, Ronaldo decided to just purchase real estate properties and returned to the Philippines. He continues to hold a visitors visa and goes to the United States occasionally to look into his properties.
2 types of investor’s visas
Investor’s visas may either be granted temporarily or on a permanent basis. The temporary investor’s visa is known as the E2 treaty investor nonimmigrant visa. The capitalization for this E2 visa is not defined in terms of an exact minimum amount. The statute merely requires a “substantial” investment to qualify.
Substantiality depends on the nature of the business. It must be sufficient to ensure the successful operation of the enterprise. The amount of investment for a low-cost business enterprise will necessarily be lower than the amount needed for a high-cost enterprise. The E2 investor must hold ownership of at least 50 percent of the business enterprise.
On the other hand, the permanent resident investor’s visa, also known as the EB5 or the Employment Creation Greencard, requires an investment of at least $1,000,000 or $500,000 depending on where the enterprise is located.
No unexplained wealth
Both types of visas allow the investor as well as their spouse and minor children to reside in the United States. Spouses of E2 visa holders are also entitled to an employment authorization card, while their children may legally study in US schools.
Pertinent regulations are clear on the source of capitalization for an investor’s visa. For a Filipino national, a petition for an investor’s visa must include proof that the capital used for the investment comes from a lawful source: (1) Philippine business registration records; (2) corporate, partnership and personal tax returns including income, franchise, property (whether real, personal or intangible) or any other tax returns of any kind filed within five years, with any taxing jurisdiction in or outside the United States by or on behalf of the petitioner; (3) evidence identifying any other sources of capital; or (4) certified copies of any judgments or evidence of all pending governmental civil or criminal actions, governmental administrative proceedings and any private civil actions (pending or otherwise) involving monetary judgments against the petitioner from any court in or outside the United States within the past 15 years.
Just like the case of Ronaldo above, possession of a significant amount of money is not enough. There must be proof that the capital was amassed in a legitimate way. However, it does not necessarily mean that the capital has to be from income earned through employment or business. It can also be shown that the capital was obtained by a loan or was a gift from a family member, an inheritance or even lotto winnings.
Active investments
Obtaining an investor’s visa requires the applicant to engage in an active investment, not a passive one. The mere purchase of real estate property will not qualify an individual for an investor’s visa. There are countries that do allow passive investments to qualify for such a visa. However, the United States requires an active investment before a visa is approved and issued.
There are undoubtedly individuals with substantial capital who merely wish to diversify their investments to real estate in the United States with no intention whatsoever to live in the United States. However, for individuals with intentions to seek an investor’s visa to permanently live in the United States, having “unexplained wealth” will not be sufficient. The source of the capital has to be documented.
(Tancinco may be reached at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
or at 02-8877177) Source: Inquirer.net
According to Citizenship and Immigration Canada, you need to have a permanent resident status, be 18 years old or older, have lived in Canada for three years in the past four years, know how to communicate either in English or in French, no criminal records, and a knowledge of Canada’s history, values, institutions and symbols, and the rights and responsibilities of citizenship.
As I have mentioned in my previous columns, you can acquire a permanent resident status when you apply to immigrate as a skilled worker, a provincial nominee, a temporary worker who applied for permanent residency, an investor, or when you have been sponsored by a family member.
You need to be 18 years old or older but children below 18 can become citizens as well. Another person can apply for the child’s citizenship provided they are the child’s parents, adoptive parents, or legal guardians. The child also needs to be a permanent resident although it is not required that he had lived in Canada for three years. The person applying for the child must also be a Canadian citizen or is also applying to become one.
There is a citizenship calculator that you can find in the immigration website that can determine if you have met the required number of days (in this case 1,095 days) spent in Canada in the past four years. This means that the number of days you were away on any trip outside the country in the last four years would be deducted from your stay. It is very important to take this into account because any discrepancy can cause delays in the processing of your papers.
An adequate knowledge of either English or French is also a requirement. This will help you communicate better and understand the people that you come in contact with.
You cannot be a citizen if you are convicted of any criminal offense or had problems with Immigration Canada within the three years before you apply. Any ongoing trial or investigation where you are involved would have to be finished first to ensure that you can apply. You may have to contact the citizenship office before you do so in order to make sure you are still qualified to become a citizen.
Applicants are required to take the citizenship test. Once you have submitted your application, a free study guide called Discover Canada: The Rights and Responsibilities of Citizenship, is mailed to you. The questions on the citizenship test are based on this study guide. This guide outlines the rights and responsibilities of Canadian citizens, history, voting procedures, symbols, geography, government, among others.
Once you have confirmed that you are eligible for citizenship, you can start collating all the requirements to be submitted. The Citizenship and Immigration Canada website provides a list of these requirements. You can even call them to request for an application package containing the guidelines to start the process.
You have to make sure to go through the instructions carefully and follow them accurately to avoid any delays. If you submit incomplete forms or documents, your application may be returned to you for completion. When you send in your application, the immigration office reviews the documents to verify if all the minimum requirements are met and that the correct fee has been paid. It may take about five months from the time the application is received by the immigration centre before you get an acknowledgment and a copy of the study guide.
It will take almost a year from the time your application was received before you get another letter asking you to write the citizenship test. When you go for the test, you will be required to bring the original copies of the documents submitted with your application. There are different sets of questions and if there are several members of your family, you will be separated from each other during the test. Note that there are two important questions about voting procedures that you need to answer correctly in order to pass.
After the test, you will be required to present your documents before an immigration officer. You will be asked some personal questions such as your occupation, employer, how long you have been working with your present employer, if you have been convicted or facing charges of any kind or have had immigration problems in the past, and if you went out of the country and for how long. You have to give accurate answers as the officer will be verifying them with the departure dates stamped on your passport. If you do not give them the correct information, you may be asked to submit additional documents to confirm your residency requirement and thus result in longer time for your application to be approved.
Once you pass the test, you will be invited to join the citizenship ceremony. This will be about thirteen to sixteen months from the time of receipt of your application. A citizenship judge presides over the ceremony where you pledge allegiance to the Queen of Canada. You will also receive a certificate of citizenship and a commemorative document to prove that you are a Canadian citizen. You may be taking the oath with eighty to a hundred people during the ceremony. Children fourteen years and older are required to attend the ceremony. Children below fourteen are not obliged to attend but can do so.
Upon receipt of your citizenship certificate you are now eligible to apply for a Canadian passport and travel to around 154 countries as tourist without a visa.
The K1 Visa or Fiancée Visa is not an easy route to get a Visa. Along the process of getting a K1 Visa, partners may find themselves asking a lot of questions depending on the unique situations that they find themselves. However, there are some basic questions that must be answered along the way and these are:
1. Police Report /Clearance. This is taken or found at any police department or government department where your fiancée is residing. The report must show the fiancée’s past criminal history, if any. A clean police report is best, of course, which means there's nothing within the report showing any criminal activity.
2) Is it possible to use the same Fiancée Visa application for a different fiancée? NO, Each application is unique to a particular applicant or person.
3) Does a criminal past affect my application? If your fiancée has a criminal record; seek counsel from an immigration attorney. Get an immigrant lawyer and ask for advice – this is the best route you have before proceeding with the entire process of US K1 Visa or Fiancée Visa application.
4) How long does the process take? If a person is using an immigration specialist, they can expect the process to take three to six months. Without help, it depends on the couples experience with immigration process and law. Without help it can take twelve months or longer.
5) Is there a waiting period before I can apply for another K1 Visa? The waiting period is normally two years unless a person secures a waiver. A waiver can speed up the application process.
6) Is it faster applying for a work visa or student visa? No, Contrary to popular belief, this can take longer. These Visas carry their own issues to deal with and can cause the couple more problems than solutions.
7) My application was returned as I need to send more information. What do I do? First off, do not panic. Secondly read the denial letter and see what is missing. Often times a document is missing or more proof of the relationship is needed. Submit the requested information and wait. What a couple does not want to do is give up. There are always ways to reach your goals. The application process is a bit time-consuming and a little frustrating if a couple has no experience in these areas of the law. With a little research and a bit of your time, a couple can get through the application and get the approval.
Many people from around the world want to reside and work in Canada. The numbers are increasing every year because there is scarcity of skilled investors, workers and entrepreneurs and other killed professions in Canada. Canada needs immigrants to continue its economic growth and development.So, if you think that you are a skilled person and you have plans to immigrate then it would be a great opportunity to immigrate to Canada. Now is the time while the country is open widely to immigrants. Remember that no matter how big Canada is, they just can accommodate enough immigrants. In the long run, once they have enough, or once the economy stand still, they may limit the number of immigrants they will take in.
The minimum qualification you require to be able to immigrate to Canada is to have a command over languages like French and English. Besides other vital qualifications, you need to have a minimum of 10 years experience in your field. If you pursue these qualifying steps then immigration becomes easier for you. If you are looking forward to move to Canada then it is also important that you know the procedure how to get a Visa.
Canada immigration is usually based on non discriminatory principles. Many people who are migrating are using the help of Lawyers and agents. The reason is that immigration lawyers and agents know immigration laws and thus help you facilitate the papers and other documents needed to successfully immigrate to Canada, USA or in any other country you want to immigrate to. Immigration lawyers however is not mandatory, in fact you can do the work and the processing of papers yourself, this way you can save a lot of money.
Usually, the person who is going to apply for immigration is assessed using a point system. An applicant is assessed under the federal skilled worker class based on various factors. The other thing to be assessed is that the financial background of the applicant because they want to make sure that the applicant is capable to settle down in Canada properly or not. Ideal applicants should possess employment skills. They are having efficient experience. The applicants applied for Government Job Offers are approved quickly if selected. Canada allows immigrant under Business immigration process which includes three factors: Investors, Entrepreneurs and Self-Employed.
But most immigrants who plan their immigration with proper research and knowledge of immigration laws and procedures are normally able to achieve their immigration goals successfully. Their immigration plan is similar to a good business plan. Their every immigration step is pre planed and anticipated. They know their limitations of resources and set realistic immigration targets to be achieved.
A BUSINESS OR B-1 visa is issued to a nonimmigrant visiting the United States for business-related activities such as consultation with associates, negotiation of contracts, and participation in professional conventions and conferences.
By Tess Guieb