Gianfranco De Girolamo, Author at DGO Legal

Form I-94 is what determines how long you can stay in the United States, not your visa!

Gianfranco De Girolamo — Wed, 11 Aug 2021 23:51:10 +0000

You just went to the consulate, your tourist visa was approved and they gave it to you for 10 years. Awesome you thought, now I can go and stay in the United States for 10 years… not so fast! A visa does not determine how long you can stay in the United States. Instead, think of you a visa as an airplane ticket. It gives you the right to board an airplane and present yourself at the border for inspection and admission. Once at the border the Customs and Border Protection (CBP) officer will decide two things:

Whether to admit you at all;
If the officer admits you, for how long you will be admitted.

Your visa determines the maximum length of stay the officer can give you, but the document you need to pay attention to is Form I-94. Form I-94 contains basic information such as your full name, passport number, nationality, visa category of admission, and for how long you can stay.

If you’ve been traveling to the United States for a long time, you may remember filling out a white paper with your name and passport number on it. That paper was then stamped by the CBP officer together with your passport. Well, since 2013 that paper is no longer used much. Instead, nowadays you’ll find the I-94 online on this page. Here you can also find your travel history to the United States.

Make sure to review the I-94, and do not go by the passport stamp date. What matters is the I-94 as that is what stays in the system. So check it right away, and if you see a mistake contact the pertinent CBP port of entry or deferred inspection office to correct it, here.

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My Op-ed Published By Los Angeles Times

Gianfranco De Girolamo — Wed, 12 Aug 2020 16:50:28 +0000

One of the proudest days of my life was Dec. 16, 2015, when I became a naturalized citizen of the United States.

I shed tears of joy as I swore allegiance to the United States at the Los Angeles Convention Center, along with more than 3,000 other new Americans. I was celebrating a country that had welcomed me with open arms, treated me as one of its own and opened doors I hadn’t known existed. Just a few years before, in the remote village in southern Italy where I grew up, this would have been unimaginable.

Another of my proudest moments came just a year later, when I was awarded a coveted position in the U.S. Department of Justice. This happened in late November 2016, a few weeks after President Trump was elected.

Like many, I harbored reservations about Trump. But I did not waver in my enthusiasm for the job. In law school, l had learned about the role of civil servants as nonpolitical government employees who work across administrations — faithfully, loyally and diligently serving the United States under both Republicans and Democrats.

I was designated an attorney-advisor and assigned to the Los Angeles immigration court. There, I assisted immigration judges with legal research, weighed in on the strengths and weaknesses of parties’ arguments and often wrote the first drafts of judges’ opinions.

Soon enough, however, the work changed. In March 2018, James McHenry, the Justice Department official who oversees the immigration courts as head of the Executive Office for Immigration Review, announced a mandate imposing individual quotas on all the judges. Each judge would be required to decide 700 cases per year, he said.

With these new quotas, which went into effect on Oct. 1, immigration judges must now decide between three and four cases a day — while also reviewing dozens of motions daily and keeping up with all their administrative duties — or their jobs will be at risk.

The announcement of the quotas in March was the first in a series of demoralizing attacks on immigration judges this year. In May, Atty. Gen. Jeff Sessions, since fired by Trump, personally issued a decision that placed limits on the ability of immigration judges to use a practice known as administrative closure, which allows judges to put cases on indefinite hold, and which, in immigration cases, can be a tool for delaying deportation orders.

The Justice Department enforced the decision in July by stripping an immigration judge in Philadelphia of his authority in scores of cases for continuing to use administrative closure.

All this was in addition to a barrage of disparaging comments made directly by the president. In June, Trump tweeted that there is no reason to provide judges to immigrants. He also rejected calls to hire more immigration judges, saying that “we have to have a real border, not judges” and asking rhetorically, “Who are these people?”

The demoralizing effect on immigration judges was palpable. Morale was at an all-time low. I was new to civil service, but these judges, some of whom have served continuously since the Reagan administration, made clear that this was an unprecedented attack on the justice system.

I’ve long admired the independence and legitimacy that the judiciary enjoys in the United States, so I found the attacks on judges deeply disturbing and troubling. They reminded me of Trump’s Italian alter-ego, Silvio Berlusconi, who spent most of his tenure as Italy’s prime minister fighting off lawsuits by delegitimizing and attacking the judiciary, calling it “a cancer of democracy” and accusing judges of being communist.

I voiced my concerns to my supervisors and directly to Director McHenry in a letter. Seeing no opportunity to make a positive difference and unwilling to continue to lend credence to this compromised system, I submitted my resignation in July, explaining my reasons in a letter.

This was not how I wanted to end my career in government. I had hoped to serve this country for the long haul. But I couldn’t stand by, or be complicit in, a mean-spirited and unscrupulous campaign to undermine the everyday work of the Justice Department and the judges who serve in our immigration courts — a campaign that hurts many of my fellow immigrants in the process.

Gianfranco De Girolamo was an attorney at the Department of Justice from 2017 to 2018.

https://www.latimes.com/opinion/op-ed/la-oe-girolamo-immigration-judges-20181126-story.html

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E-2 Investor Visa, A Great Vehicle To Start A Business In The United States With An Affordable Investment

Gianfranco De Girolamo — Wed, 12 Aug 2020 16:47:35 +0000

E2 VISA

OVERVIEW

The E2 Visa is an excellent instrument for investors willing to live and have their own business in the USA.

As an E2 Visa investor, you would be also able to bring your family with you.

The USA immigration laws allow certain treaty countries citizens to apply for an E2 Visa. To see if your country qualifies, click here. If your country is not on the list, consider other options like an E-B5 or L1 visa.

OTHER KEY ADVANTAGES:

Unlike other visas, the E2 is known for requiring a smaller investment. There is no investment required for this visa, although the law requires a substantial amount, usually at least $75K+, depending on the type of business.
The E2 visa process is also known for being faster than other investor visas. Depending on the consulate, an E2 can be approved within only a few weeks. Other visas can take a year or more to be approved
With an E2 visa, you can also bring employees from your own country.
While E2s are non-immigrant visas they nevertheless allow investors to own their own business and ultimately their own lives.
E2 visas can be renewed indefinitely as long as you continue to meet the requirements. Many countries grant them in 5-year increments.
E2 visas do not have annual caps or waitlists, as opposed to an EB-5 visa.

If you think this could be your case and are ready to start a new life for you and your family, please feel free to call us and schedule a consultation by clicking here

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E-2 Updates: Israel And New Zealand To Qualify For The American Dream

Gianfranco De Girolamo — Wed, 12 Aug 2020 16:45:40 +0000

Great news for Israelis and Kiwis citizens with at least $50,000 in their bank account: they too can be pursue the American Dream. The E-2 visa, a little known visa that allows investors to start a business in the United States, bring their family with them, and even employees from their own country, is finally available to them.

The United States Department of State announced that applications for E-2 visas will be accepted at Tel Aviv starting on May 1, 2019. Click here for more information.

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E-2 Investor Visa: Is A Franchise The Best Way To Develop Your Business In The Us?

Gianfranco De Girolamo — Wed, 12 Aug 2020 16:43:49 +0000

The E-2 visa is the best-kept secret for foreign entrepreneurs wishing to live the American dream. As such, when clients consult us about investing in the United States, we often bring up the possibility of opening a franchise as a vehicle to obtain the E-2 investor visa (for info about the E-2, click here).

Often times clients satisfy many of the E-2 requirements, such as being a citizen of a treaty country (see treaty country list here) or having a substantial amount of money to invest. Yet a common issue is not knowing where and how to invest the money. For such cases, investing in a franchise can be the perfect solution.

Franchise key advantages:

Consular officers will analyze that the business is operative, viable, and non-marginal. By choosing an established franchise, it can be easier to establish these requirements because franchises usually have a record of success with a proven business plan, and therefore consular officers may be already familiar to them.

Setting up your new business can be a complex and stressful endeavor. However, among other benefits, franchises offer management assistance and training to the investor, offering solutions and guidance in a business that can be otherwise challenging.

Franchises exist in diverse industries, are flexible, and can adjust to different budgets

But because investor franchisees usually have to pay royalties to the franchisor and follow their directions, thorough research should be conducted before choosing your perfect franchise.

We can help you in every step of the process, from verifying your eligibility for an E-2 visa to helping you find the best franchise for your needs.

CALL 213-278-4073 TODAY TO BEGIN YOUR AMERICAN ADVENTURE.

If you think this could be your case and are ready to start a new life for you and your family, please feel free to call us and schedule a consultation by clicking here

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O-1b Visa For Artists

Gianfranco De Girolamo — Wed, 12 Aug 2020 16:36:36 +0000

WHAT IS THE O-1 VISA?

It is a non-immigrant visa for people who possess extraordinary ability in
the sciences, arts, education, business or sports, or who have demonstrated
extraordinary achievements in the film or television industry with national or international recognition.
The specific visa for artists is the O-1B and has significant benefits in respect of
of other types of work visas.

What are the characteristics and advantages?

This visa has the advantage that it allows the spouse and unmarried children under
21 years of the artist get the same visa, known as O-3. While they will not be able to
work, they can study.

In addition, an assistant to the artist who is essential to the project may be granted
the visa as well. The assistant must have skills and experience that cannot
be found in an American worker.

The visa is granted for a maximum of 3 years. Subsequently, USCIS (United States
Citizenship and Immigration Services) may grant 1-year extensions at a time,
as long as the art project continues and requires more time.
Furthermore, the O-1B visa has the advantage over other work visas that it does not have a
the annual limit on the number of visas that can be granted.
While the O-1B visa is in the “non-immigrant” category, once you have obtained t it is much easier to get
the EB-1 visa.

What are the criteria for obtaining it?

The artist must demonstrate extraordinary ability as evidenced by national or international
acclaim and with the intention of temporarily migrating to the
United to work in their area of extraordinary ability.

Extraordinary ability is understood as a level of expertise only found in a small percentage of artists.

The artist must demonstrate distinction, in the sense of a level of recognition evidenced by skills
significantly higher than the average artist.

What evidence do I need?

A letter written by a group, association or union of artists should be obtained
(such as a stakeholder association) or a person with expertise in the skill area
of the artist. If there is no such association, the artist must prove it. It is
recommended to file the original versions – if possible with letterheads, brands
of the documents so that there is no doubt as to their
authenticity and thus avoid delays.

The artist must have a concrete offer of work before applying and have an
American agent. The agent may be the artist’s direct employer, representative
of the employer, and the artist or a person or entity authorized by the employer to
act as an agent.

The contract between the employer and the artist must also be filed. This contract may be
written or oral, in which case evidence must be provided to show it (e-
mails, chats, etc.).
In addition, an itinerary should be presented explaining the nature of the events or
activities with start and end dates. Ex: the itinerary of a tour or series of
events.
Evidence must also be provided that the artist has won or was nominated
for a recognized national or international award such as an Oscar, Emmy, Grammy,
or Director’s Guild Award or, if not, evidence of at least 3 of the following
categories:

1. Performed and will perform services as a principal participant or protagonist in productions or events that have a distinguished reputation as evidenced by reviews, advertisements, publicity releases, publications, or contracts.

2. Obtained national or international recognition for achievements as evidenced by reviews or other materials published by or about the beneficiary in major newspapers, magazines, or other publications.

3. Has performed and will perform a leading, leading, or critical role for organizations and establishments that have a distinguished reputation as demonstrated by articles in newspapers, specialized magazines, publications, or testimonials.

4. A record of major commercial or critically acclaimed successes, as demonstrated by such indicators as title, rating, or position in the artistic field, box office receipts, film or television ratings, and other achievements reported in specialized magazines, major newspapers, or other publications.

5. Received significant recognition for his or her achievements from organizations, critics, government agencies, or other recognized experts in the field in which the recipient is involved, and the testimonials clearly indicate the author’s authority, experience, and knowledge of the recipient’s achievements.

6. A high salary or other substantial remuneration for services in relation to others in the field, as demonstrated by contracts or other evidence.
Other relevant evidence may also be accepted.

If you are interested in learning more about this visa or other ways to live in the U.S., contact us at +1 (213) 278-4073 or at info@dgo.legal to schedule your consultation.

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This website and its blog constitute advertising for lawyers. Do not consider anything on this website or blog as legal advice and nothing on this website constitute the formation of an attorney-client relationship. Reserve a consultation with us before acting using any information you read here. Past results are not guarantees of future results and past results do not imply or predict future results. Each case is different and must be judged on its own merits.

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LLC Formation: Registered Agent And Privacy

Gianfranco De Girolamo — Wed, 12 Aug 2020 16:33:51 +0000

A “limited liability company” or LLC is an excellent business association for practicality and tax reasons. Every day, thousands of LLCs are registered across the United States for various types of companies.

LLC registration operates at the state level and is handled by the Secretaries of State. Each secretary has its differences in requirements and fees, so it is important to get proper legal advice, not only in choosing the most appropriate type of business association according to the client’s interests but also because each state has different requirements.

In general, for the formation of an LLC, states require a registered agent, which is the person who receives correspondence, notices, or lawsuits.

The registered agent must be domiciled in the state and whose address is not a post office box (or “PO box”) or UPS address. This person may be one of the owners of the LLC, someone you trust, or some companies offer the service of appearing as an agent and receiving correspondence on your behalf.

The key benefit of hiring a company to act as your registered agent is privacy. Keep in mind that the registered agent’s name and address will not only be listed on the state’s public corporate records. It will also be posted on other websites that republish the information. Thus, a simple Google search will yield this information.

If you do not want to be listed as an agent, some companies offer this service for a fee that can range from $125 to $300 per year. That way, they can be listed as a registered agent in the public records, scan the notifications, and send them to you by e-mail.

By hiring this service, not only is it not necessary to have an office with a person available during all business days and hours but also the name of the owner of the LLC will not appear in the public records, protecting your privacy.

Are you thinking about your new company and forming your LLC? At DGO Legal we have extensive experience and can advise you as to which is the most appropriate type of business association that best suits your interests for your new venture.

CLICK HERE TO START YOUR LLC APPLICATION NOW!

Contact us today at +1 (213) 278-4073 or at info@dgo.legal to schedule your consultation and we will help you start your new business.

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This website and its blog constitute advertising for lawyers. Do not consider anything on this website or blog as legal advice and nothing on this website constitute the formation of an attorney-client relationship. Please book a consultation with us before acting using any information you read here. Past results are not a guarantee of future results and past results do not imply or predict future results. Each case is different and must be judged on its own merits.

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9 Reasons To File A FOIA Request Before Applying For An Immigration Benefit

Gianfranco De Girolamo — Wed, 12 Aug 2020 16:32:19 +0000

WHAT IS FOIA?

FOIA is the acronym for the Freedom of Information Act. This law allows anyone to request United States government records on virtually anything, including their own personal records. Filing a FOIA request is the equivalent of doing a background check. This way, you can see what information the government has about you. Similar laws exist in some countries and are sometimes referred to as “habeas data.”

The problem is that there are several agencies that deal with your personal information. In practice, this means that you have to submit your FOIA request to multiple agencies, up to 7 depending on your case, to make sure you get all the information and answer the key question: What does the government know about me?

WHAT AGENCIES HAVE YOUR INFORMATION?

Depending on your case, the following agencies may have your immigration information. You can file the FOIA at any of these agencies.

United States Citizenship and Immigration Services (USCIS) United States
Customs and Border Protection (CBP) United States
Immigration and Customs Enforcement (ICE)
Office of Biometric Identity Management United States
Executive Office United States for Immigration Review (EOIR)
United States Department of State United States
Department of Labor

9 REASONS TO FILE A FOIA REQUEST

Know what information the government has about you
Check if you have the right to apply for an immigration benefit
Prepare and submit your application with confidence
Save money on possible errors or unnecessary applications
Avoid being put into deportation proceedings by submitting applications for which you are not eligible
Check for other immigration applications submitted by your relatives
Correct errors in your file, including identity theft.
Eliminate surprises
Gain peace of mind

Contact us TODAY at +1 (213) 278-4073 or at info@dgo.legal to schedule your consultation and we will help you start your FOIA.

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This website and its blog constitute attorney advertising. Do not consider anything on this website or blog as legal advice and nothing on this website constitutes the formation of an attorney-client relationship. Please book a consultation with us before you act using any information you read here. Past results are not a guarantee of future results and past results do not imply or predict future results. Each case is different and must be judged on its own merits.

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E-2 Visa: Essential Requirements

Gianfranco De Girolamo — Wed, 12 Aug 2020 01:16:04 +0000

THE E-2 VISA HAS RECENTLY BECOME THE STAR VISA FOR INVESTORS AROUND THE WORLD WHO WANT TO IMMIGRATE TO THE UNITED STATES WITH THEIR FAMILIES AND ESTABLISH THEIR OWN BUSINESS. THIS IS MAINLY BECAUSE THE INVESTMENT REQUIRED IS SUBSTANTIALLY LESS THAN THE $900,000 OR $1,800,000 REQUIRED FOR THE OTHER INVESTOR VISA, THE EB-5.

Now, what are the essential requirements to successfully apply for an E2 visa? For the purposes of making an analysis that is easy to understand, we will divide the requirements by business and petitioner.

Business requirements:

Nationality: At least 50% ownership of the company must be held by a national of a country that has an E-2 treaty with the US. See the updated list of qualifying countries by clicking HERE.
Active investment: The investor has invested or is actively in the process of investing funds that will be irrevocably committed to the business and are not derived from criminal activity.
Real and operating business: The business must be real and operating and must offer goods or services, complying with the legal requirements to conduct that type of business in the U.S. jurisdiction where it is planned to be conducted. Example: If a person wants to form a law firm in New York and work as a lawyer, he/she must obtain a law license from the New York Bar.
Substantial investment: The immigration laws do not specify a minimum amount of investment. However, they do state that it must be “substantial and commensurate” with to the cost of the business. For example, if a person wants to open a space shuttle factory, he must invest several million dollars. But if he wants to open a restaurant, the investment will be much less.
In addition, the investment should be sufficient to guarantee the financial commitment necessary for the success of the business.
The investment must not be marginal to the investor, in the sense that it must have the capacity to generate sufficient income to provide for the investor and his family – or the employee and his family. Or it must have the present or future capacity -within the term of 5 years- to generate a significant economic contribution.

Applicant Requirements:

Nationality: The investor must be a national of the country that has an E2 trade agreement with the US. If one wants to hire a manager or essential employee on an E-2 visa, they must possess the same nationality as the investor. This requirement does NOT apply to dependents (spouse and unmarried children under the age of 21).
Intention to return to his/her country: The applicant must clearly express his/her intention to return to his/her country once his/her E-2 status ends. Of course, it should also be noted that the E-2 visa can be renewed indefinitely as long as the business continues to operate.

If you are interested in learning more about this visa or other ways to live in the U.S., contact us at +1 (213) 278-4073 or at info@dgo.legal to schedule your consultation.

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