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Sarasota Immigration Attorneys Attend Port-to-Port Seminar

Posted: August 29th, 2013 | Author: | Filed under: Jaensch Immigration Law Firm | Tags: , , | No Comments »

On Thursday August 29th Cesar Gomez, Director of Latin Business Development, and I attended the Sarasota Chamber of Commerce’s Port Manatee and SRQ Breakfast.  We heard from Carlos Buqueras, Executive Director of the Manatee County Port Authority and Rick Piccolo, President & CEO of the Sarasota Bradenton International Airport.

Big things are happening at two of the area’s largest links to the rest of the country and the world.  Port Manatee completed construction of another berth and trade is forecast to grow, leading to impressive job creation.  Moreover, the port’s leadership is thinking long-term and planning for the opening of the enlarged Panama Canal and the possibility that the government will further lift travel and trade restrictions with Cuba.  Sarasota-Bradenton airport has been able to raise revenues and will soon be paying off their initial construction loan, a laudable feat.  Unfortunately however, they have had some trouble attracting international flights, which we will explain below.

Port Manatee


As reported by Carlos Buqueras, Port Manatee expects to celebrate a ribbon-cutting ceremony for the new berth number 12 in a few months.  The port is currently reporting a trade volume of $400m per year and expects that number to increase to $600m next year.  Mr. Buqueras reported that every $250,000 of trade that passes through the port creates 1 new job in the area.  So at current rates the port has created and sustains 1,600 jobs.  At expected future rates the port could create and sustain 2,000 jobs.

Mr. Buqueras and the port leadership are planning for the future.  With the Panama Canal enlargement slated to be completed in 2014, Port Manatee is already capable of accomodating the new Panamax super-tankers that will be coming through the canal.  In fact, it is the closest deep-water port in the US to the Panama Canal.  Mr. Buqueras is in constant communication with officials at the canal and shipping lines that pass through the canal to ensure that Port Manatee and Sarasota and Manatee counties have a prominent place in their minds.  

There exists a possibility that the government will further lift travel and trade restrictions with Cuba.  To prepare for this eventuality Mr. Buqueras has been in talks with a ferry company that could establish service between Port Manatee and Havana should the opportunity arise.  The ferry service would take 10 hours.  Travelers could leave port Manatee and be in Havana after a comfortable night’s rest the next morning.  This is an exciting possibility.

Sarasota-Bradenton Airport 

SRQ-BTN Airport

Rick Piccolo spoke for Sarasota-Bradenton Airport.  He discussed the many well-publicized awards the airport has won for being one of the best-run in the country.  He also touched on how the airport has increased non-airline-derived revenues from $200k to $1.4m, contributing to the airport’s stability and ability to operate at peak efficiency.  The airport’s biggest news is the fact that it expects to have its initial construction loan of $70m, granted in 1984, completely paid off next year.

We asked about issues with bringing international flights to Sarasota-Bradenton International Airport.  To date, it has been difficult to attract international airlines to SRQ despite the large number of British, German, and Canadian tourists and immigrants who visit, invest, and live here.  Here’s why.  At one point the airport did bring in international flights.  There were never enough to justify a constant presence of Customs and Border Patrol agents and the officers had to drive down from Tampa whenever an international flight arrived in SRQ.  This proved to be rather expensive and the government decided to discontinue the practice.  Airport leadership still wishes to attract international flights and hopes to work out a compromise where a certain number of CBP officers could be on call when needed at our airport.  Such a scenario would require a change of government policy, however.


Port Manatee seems to be yielding impressive economic dividends for Sarasota and Manatee Counties.  It is creating jobs and leading the way in strengthening our international trade connections with other parts of the world.  While the airport has done well in paying off its debt and finding new sources of income, we could do more to bring international flights back to our community.

Abogado de inmigración da nuevo seminario sobre la reforma migratoria

Posted: August 27th, 2013 | Author: | Filed under: Jaensch Immigration Law Firm | Tags: , , | No Comments »

Cesar Gomez, nuestro gerente de negocio hispano, dio un nuevo seminario sobre la reforma migratoria en la iglesia Epiphany Cathedral en Venice el fin de semana pasado.  El fue invitado por Padre Paul, el cura que da las misas españoles en la iglesia.  El seminario fue bien asistido, con mucha gente quedándose después de la misa para aprender más sobre la reforma migratoria y el proceso legíslativo.

Ceasr Gomez.Reforma Migratoria

Cesar Gomez da un discurso sobre la reforma migratoria.

La reforma migratoria, especificamente, el proyecto de ley S. 744, creado por el “gang of 8” que incluye el senador Marco Rubio de Florida, paso el Senado en junio y ahora se encuentra en la Casa de Representantes.  La Casa de Representantes no actuó sobre la legislación antes del descanso que empezó la primera semana de agosto y termina en septiembre.  Por lo tanto, la reforma migratoria se ve un poco frenado, incluso que algunos republicanos dicen que está muerto.

Nosotros, en Jaensch Immigration Law Firm, no creemos eso.  Nosotros estamos esperando a que el congreso se reune en septiembre para darles noticias más firmes.  En ese momento podremos averiguar con más certitud como soplan los vientos políticos.

Mientras tanto seguimos dando seminarios y discursos por lo largo de los condados de Sarasota, Manatee y DeSoto, para educarle a la gente sobre que está pasando en el congreso.  Hablamos de la creación de este proyecto de ley, la etapa legíslativa donde se encuentra en este momento, que falta para que pase, y las posibilidades que crearía.  Sobre todo la posibilidad de que la gente indocumentada se legalize.  Proveemos información en forma infográfica sobre este tema, también información general en forma de nuestro brochur.

Metimos una copia digital para en este blog para la gente que no han podido venir a uno de nuestros seminarios.

La gente indocumentada se pueda legalizar por tres caminos.

  1. Si se caye en la categoría de gente que puede pedir para el DACA, o sea, los DREAMers, hay un camino que duraría 8 años.
  2. Para trabajadores agrícolas hay otro camino que también duraría 8 años.
  3. Para los demás el proceso duraría 13 años.

Infographic.Pathway to Citizenship

**Ojo, esto es lo que contiene el proyecto de ley.  Este proyecto no está aprobado todavóa  y esta sujeto a cambios.  Quédense informados en nuestra pagina web, y paginas de Facebook y de Google+.

Guest Post: Do Investor Visa Petitions Require Business Plans?

Posted: August 22nd, 2013 | Author: | Filed under: Immigration Reform, Investor Visas | Tags: , , , , | No Comments »

The source of this information is E-Council, Inc:

e-Council’s team of licensed professionals designs business plans for business owners and entrepreneurs seeking U.S. visas, establishing U.S. operations, seeking investors and/or expanding their businessesall at the right price. Our team is comprised of attorneys, MBA’s, CPA’s, PhD’s and other professionals that know what USCIS wants and we know how to deliver!  We have a stellar success rate and pride ourselves on consistently high-quality work.  

Lauren Cohen, Founder and President of eCouncil, is an attorney licensed in both the U.S. and Canada and an active AILA member and speaker.  Having immigrated from Canada, Lauren has first-hand knowledge of the visa process.  She developed e-Council to focus on designing professional Business Plans for all types of business visas, ranging from E-1 and E-2 to H-1B and L-1A, with a special focus on EB-5 projects for direct investments and regional centers. e-Council not only creates the right business plans to complement visa applications, but also works closely with business owners to develop their business models and strategies in the process.

E-2 and EB-5 Investor Visas Resources

Whether required or not, Investor Visa Petitions are all incomplete and risk a Request for Evidence (RFE) or, even worse, a denial without a Business Plan.  A Business Plan provides supporting evidence necessary for USCIS or the Consular Officer to determine if the business is viable, has a likely chance of success, will contribute to the U.S. economy in a meaningful way, and if the beneficiary(ies), employer(s) and/or the business itself satisfy the specific requirements of the applicable Visa.  Therefore, even though not specifically mandated, business Visa petitions benefit tremendously from a professional Business Plan that demonstrates and details the business model, structure, and goals.  As noted, without a Business Plan, the Visa risks processing delays due to Requests for Evidence that are likely to be issued, or denials which are extremely challenging and costly to overcome.

EB-5 Visas

An EB-5 petition is the only Visa petition to expressly require a Business Plan.  USCIS, through the body of laws regulating business immigration to the U.S., further requires proof of job creation for an EB-5 Visa petition, which is to be evidenced in the mandated Business Plan.  As stated:

The job creation analysis for each economic activity must be supported by a copy of a Business Plan for an actual or exemplar capital investment project for that category.  Note: A Business Plan provided in support of a regional center application should contain sufficient detail to provide valid and reasoned inputs into the economic forecasting tools and must demonstrate that the proposed project is feasible under the current market and economic conditions.  The form of the EB-5 investment from the commercial enterprise into the job-creating project (equity, loan, or some other financial arrangement) should be identified.

The Business Plan should also identify any and all fees profits, surcharges, or other like remittances that will be paid to the regional center or any of its principals or agents through EB-5 capital investment activities.  (Department of Homeland Security, USCIS, OMB No. 1615-0061, Instructions for Form I-924, Application for Regional Center Under the Immigrant Investor Pilot Program, at p. 2.)

In the Regional Center context, a Business Plan is used to support, “in verifiable detail,” that the EB-5 investment for the new business enterprise will not be in conflict with the Regional Center’s Business Plan.  Notably, “When we approve a regional center, we acknowledge that the econometric models and Business Plans appear to be feasible and that jobs should be directly or indirectly created through investment in the approved industry categories.”  (United States Citizenship & Immigration Services Webpage, EB-5 Regional Centers, located at

In 1998, the Associate Commissioner made a determination in the case of In re Ho.  This decision was and continues to be significant, explicitly detailing that EB-5’s require “a comprehensive Business Plan” (emphasis in original) that should contain the following elements:

1. a description of the business,
2. the business structure,
3. a marketing plan with target market analysis,
4. personnel experience,
5. a competitive analysis,
6. required licenses and permits,
7. staffing timetable for hiring, job descriptions, and
8. a budget and financial projections.

Significantly, it was noted that: “Most importantly, the Business Plan must be credible.”  (In re Ho, at p 213 – commonly referred to as MATTER OF HO).  Thus, the credibility of the Business Plan has become the pivotal factor, and EB-5 professionals are generally cognizant of this fact and will not prepare or submit Business Plans that they do not deem to be credible on their face.

This Matter of Ho decision set the standard for all future EB-5 Business Plans, and remains for the most part intact, with minor modifications and variations in interpretation depending on the specifics of the case and the type of EB-5 (ie: direct investment vs. regional center project).  Drafting an all-encompassing Business Plan is a complicated, time-consuming process that requires extensive research, industry marketing information, cognizance of the business structure and model, and an understanding of the key factors and evidence sought by USCIS.  While the business owner is often the best person to provide information about the business, (s)he is often constrained by time, lack of writing talent, and an absence of understanding of the Visa petition process and the requisite components of an EB=5 Business Plan.  Thus, the most prudent step that those pursing the EB-5 route can take is to retain a professional team to write the Business Plan incorporating the information supplied them in compliance with the requirements.

E-1, E-2 and L-1 Visas

E-2 and EB-5 Investor Visas

A Business Plan is equally critical to all non-immigrant business Visa petitions.  Increasingly, the reviewing agencies submit Requests for Evidence asking for a comprehensive Business Plan as support for the feasibility of the business and its contribution to the U.S. economy.  More often than not, Business Plans prepared by the petitioner are similarly kicked back as falling short.

In an E-Visa context, demonstrating that the investment (E-2) or trade (E-1) will be substantial or sufficient to satisfy the applicable treaty standards while showing that a successful business is planned is essential for approval.  What better way to show that the trade between the treaty countries (the U.S. and the home country of the beneficiary) is sufficient to meet the E-1 Visa requirements, or that the investment amount is “not marginal” so as to satisfy the E-2 Visa’s “substantial investment” threshold, than through a professionally-written Business Plan.

Similarly, establishing the intercompany transferee’s executive/managerial role in both the foreign country and proposed role in the U.S. is essential to satisfy the L-1A Visa requirements, among a growing list of other L-1A criteria that is changing on an almost-daily basis.  Proving that an intercompany transferee for an L-1B Visa has specialized knowledge and clearly delineating that knowledge is crucial for a successful petition in this area.  In both cases, a detailed analysis of the proposed beneficiary’s background and intended role with the petitioning company will offer evidentiary support that the beneficiary has specialized knowledge or is suited for an executive or supervisory position in applicable situations.

A professional Business Plan will not only include the nature of the business and the business model, the business’s mission, goals and objectives and a general marketing plan, but also details the structure of the business, its personnel, and the financial projections for the business. It will also outline how the business will positively impact the U.S. economy from various perspectives, and often will include a variety of charts, graphs and visuals so as to increase the appeal to the reviewing officials.  Outlining the nuts and bolts of the specific business in question along with the start-up and reasonable, fact-based projections with explanatory assumptions will clarify to the USCIS the viability of the business and, if an E-2 Visa, the reasonableness and risk factor of the “substantial investment”.  The detail with which a Business Plan should be composed creates evidentiary proof of the necessary factors needed for application approval.

National Interest Waivers (NIW’s)

A National Interest Waiver (NIW) petition is a part of the EB-2 category of second preference, employment-based immigration which leads directly to a Green Card.  Normally, a permanent job offer and an approved labor certification are pre-requisites to filing an employment-based, second preference immigration petition.  However, the NIW petition requests that the labor certification requirement be waived for the sake of the “national interest of the United States”.  In an NIW case, the burden of proof is on the applicant to establish that exemption from the labor certification will be in the national interest of the U.S.

Because of the nature of NIW petitions, it is vitally important that the petitioner show detailed and tangible evidence of past valuable contributions by the petitioner.  This evidence can be documented by showing the petitioner’s successful role in past business or academic projects.  In such cases, a business plan outlining the petitioner’s past accomplishments as well as present and future goals that is organized in a manner to highlight the petitioner’s significant and unique contributions can be a persuasive tool to present to the USCIS examiner.  For example, a business plan can document, in a form that USCIS examiners are used to reading, that the petitioner has already turned around a business, improved the economy, and created jobs in a way that would be vital to national interests.  The more evidence that the petitioner can present in the NIW context, the better chance of a favorable ruling.  Retro-oriented business plans can be a valuable part of that evidence.

Proposed changes to immigration laws contained in the Senate bill passed this summer would create two new types of visas: the temporary X visa, for entrepreneurs who don’t plan on staying in the U.S. permanently, and the EB-6 visa, which can lead to residency.  In each case, visas are available to entrepreneurs who hit thresholds for investment capital raised, jobs created, and revenue earned.  The EB-6 visa petition would specifically require the submittal of a business plan, which we can assume will follow EB-5 business plan requirements relating to detail and mandated elements.  The proposed X visa has investment threshold and job creation requirements that are also well-suited to documentation through a business plan.

A Business Plan is generally a roadmap for the business, designed to pave the way to its short- and long-term success.  However, as is the case in a Visa petition, the Business Plan can also be used to tell the story, provide an explanation, and give evidence and even a record of past accomplishments to further support the application.  A Visa petition lacking a sound, well-composed, and analytical Business Plan will likely face challenges at every turn, and will almost certainly be delayed by the USCIS seeking further evidence.

To find out more about professional, well-researched, articulate, expository narrative Business Plans, crafted specifically to address USCIS’s concerns, contact e-Council for further information at

New Potential E-2 Investment Opportunity in Bradenton

Posted: August 20th, 2013 | Author: | Filed under: Investor Visas | Tags: , | No Comments »

E-2 Investor Visas

E-2 investor visas are popular with immigrants as a relatively fast way to get permission to live and work in the US for an extended period of time.  The visa often allows an investor to stay in the US for 2 to 5 years and is renewable.  The requirements for an E-2 investor visa include a substantial investment in a new or existing enterprise that is real and active and will either produce more than a living wage for the investor and his/her family or will make a significant economic contribution through job creation.  The E-2 visa can ultimately lead to an EB-5 green card if the investor invests $500,000 to $1 million and creates 10 new full time jobs.  For more information on E-2 and EB-5 investor visas and their requirements please watch our latest video on the subject.

Possible Investment Opportunity

We recently learned about an investment opportunity that could potentially qualify an investor for an E-2 investor visa.

The business is called E Z Pack & Ship LLC (dba Eagle Shipping Center) and the asking price is $85,000.  The business had revenues of $140,880 last year.

The seller reports the following: Eagle Shipping Center is one of several locations throughout Florida and an investor would be welcome into the Eagle Shipping family.  An investor would enjoy the support of a large organization with an established and successful business model which offers economies of scale in web services and internet marketing.  Each investor becomes part of a larger branding exercise.  The central office sends leads to the investors and provides training.  The seller says that this lowers overhead and also makes it feasible for a dedicated investor to learn the business in a short amount of time.

Important Note

Important note—we do not prequalify businesses for E-2 visas.   However, the business could possibly form the foundation of an E-2 strategy if combined with another business, one or more additional locations, or can show resources and a strategy available to significant expand the business within five years.


Interested parties can contact the seller by phone: 561-401-7645.

The current owner started the business 3 years ago as part of a successful strategy to qualify for an E-2 Visa.  He shared a E-Z Pack Ship – Sale Prospectus as well as several photos included below.

EZ Pack N Ship 6

EZ Pack N Ship 5

EZ Pack N Ship 4

EZ Pack N Ship 3

EZ Pack N Ship 2

EZ Pack N Ship 1

Sarasota Immigrant Resources: Employment Law Attorney in Tampa

Posted: August 19th, 2013 | Author: | Filed under: Investor Visas, Jaensch Immigration Law Firm, Sarasota Immigrants | Tags: , , | No Comments »

Sarasota immigrants include many area employers.  They come to establish a subsidiary of their company, buy an existing business, or start a new company in order to live and work in the U.S.  Regardless of the type of business they are running, Sarasota immigrant employers sometimes run into issues that require the assistance of an expert in employment law.  We immigration attorneys are more than happy to assist with immigration matters but when it comes to employment law we sometimes refer our clients to Tracey Jaensch, managing partner at Ford Harrison in Tampa and Chris Jaensch’s sister.

Tracey Jaensch

Ms. Jaensch’s practice focuses on defending employers in discrimination, harassment, wrongful termination and contract dispute litigation.  She represents companies in a variety of industries, including health care, corrections, banking, hospitality and retail.

Ms. Jaensch’s specialty is complex litigation and trial work.  She has tried numerous cases for clients and been lead defense attorney in multi-plaintiff discrimination lawsuits in Florida.  She also has significant experience in executive level employment contract disputes, trade secret and whistle-blower suits.

Ms. Jaensch prides herself on finding the best solution for her clients, whether that solution is a favorable settlement or defending a case through a successful jury verdict at trial. She is as comfortable trying a case as she is helping client’s avoid one in the first place through sound counseling and advice on contract negotiations, mergers/acquisitions and day-to-day employment issues.

Ms. Jaensch serves on her firm’s Health Care Practice Group Committee.  She also serves as the Chair of the Florida Diversity Council.  She is Board Certified as an Expert in Labor and Employment.

Recent Experience*

  • Defended a national staffing company in jury trial of a retaliation case.
  • Represented a hospital in a multi-count complex sexual harassment, retaliation and tort claim through trial.
  • Represented numerous corrections industry clients in Florida against race, retaliation, whistle-blower and harassment claims.
  • Represented nationwide healthcare client in state court in Las Vegas, Nevada on a 15-count complaint.
  • Served as lead defense counsel in 15-plaintiff race, retaliation, and collective FLSA action for national client.

Honors and Awards

  • Martindale-Hubbell Bar Register of Preeminent Women Lawyers
  • “Most Powerful and Influential Women” Award in Florida
  • The Best Lawyers in America – Labor and Employment Law
  • Glass Ceiling Award, National Diversity Council
  • “Florida’s Legal Elite” by Florida Trend magazine and was named as one of the Top 50 Female Lawyers in any field in Florida, Top 25 Female Lawyers Central, Northern & Gulf Coast of Florida
  • “Florida Super Lawyers” recognized 2006 – 2013 by Law & Politics magazine,New York Times and Tampa Bay magazine.
  • AV® Preeminent Peer Review Rated by Martindale-Hubbell

Feel free to contact Tracey Jaensch with your employment law questions.  Her email is:

Immigration Reform Update: Senator Rubio Urges Fellow Republicans to Act

Posted: August 15th, 2013 | Author: | Filed under: Deferred Action, Immigration Reform, National News | Tags: , , | No Comments »

Senator Marco Rubio, a Florida Republican and co-author of the immigration reform bill that the Senate passed in June, recently warned fellow Republicans in the House of the potential consequences of not acting on the CIR bill.

Immigration Reform Author Marco Rubio

Senator Rubio argued that if the Congress does not act on Comprehensive Immigration Reform then President Obama will use an executive order to legalize the undocumented.  The President’s has already used an executive order to grant deferred action to the DREAMers and legalization by executive order would build on that precedent.  An executive order would legalize 11 million undocumented without including any of the provisions that Republicans believe should go with immigration reform, such as border security advances and E-Verify.

“I believe that this president will be tempted, if nothing happens in Congress, he will be tempted to issue an executive order like he did for the DREAM Act kids a year ago, where he basically legalizes 11 million people by the sign of a pen.  Now, we won’t get an E-Verify, we won’t get any border security.  But he’ll legalize them,” Rubio said  on Tuesday.

“Unless we’re going to try to round up and deport 11 million people — something that not even the most vociferous opponent of the [Senate] bill proposed — then we are going to have to at some point address this issue,” Rubio said. “We can’t leave, in my mind, the way it is.  Because I think a year from now we could find ourselves with all 11 million people here legally under an executive order from the president, but no E-Verify, no more border security, no more border agents, none of the other reforms that we desperately need,” he continued.

To read more:

What do you think of Senator Rubio’s warning?  Let us know in the comments below.

Child Born Abroad and US Citizenship

Posted: August 12th, 2013 | Author: | Filed under: Jaensch Immigration Law Firm | Tags: , | No Comments »

We recently had an inquiry concerning a child born abroad and US citizenship.  We provide information about this issue on our main website,, but felt we should provide an explanation here as well.

There are two main possibilities with children born abroad:

  1. Two married US-citizen parents have a child abroad.  The child acquires US citizenship at birth, provided one of the parents resided in the US prior to the child’s birth.  No specific period of time for such residence is required.
  2. One US-citizen parent and another alien parent who are married have a child abroad.  The child acquires U.S. citizenship at birth, provided the citizen parent was physically present in the U.S. for the time period required by the law.

Reporting the Birth to Establish Citizenship:

The birth of a child abroad to a U.S. citizen parent(s) should be reported as soon as possible to the nearest U.S. embassy or consulate to establish an official record of the child’s claim to U.S. citizenship at birth. The official record is a Consular Report of Birth of a Citizen of the United States of America, or Form FS-240. This document, known as the Consular Report of Birth Abroad, is a basic United States citizenship document. An original FS-240 is furnished to the parents at the time the registration is approved. A Consular Report of Birth can be prepared only at a U.S. embassy or consulate. It cannot be prepared if the child has been brought back into the United States (although a different document may be requested – see the next two paragraphs), or, if the child is 18 years of age or older at the time the application is made. For more information, see Documentation of U.S. Citizens Born Abroad Who Acquire Citizenship at Birth.

If the child returns to the U.S. without a Form FS-240 being filed, an application may be made for a Certificate of Citizenship. Obtaining this certificate involves presentation of basically the same documentation required to obtain a Consular Report of Birth. Under law, the Consular Report of Birth and the Certificate of Citizenship are equally acceptable as proof of citizenship. File Form N-600 (Application for Certificate of Citizenship) with your nearest USCIS office.

A U.S. passport is also proof of citizenship. Click here for a list of the documentation needed to obtain a U.S. passport — you will need to apply in person to the nearest U.S. passport agency.

For additional information, see the State Department’s website for American citizen’s abroad, and, if you are outside the U.S., contact your nearest U.S. Embassy or Consulate.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

  1. A blood relationship between the person and the father is established by clear and convincing evidence;
  2. The father had the nationality of the United States at the time of the person’s birth;
  3. The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
  4. The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
  5. While the person is under the age of 18 years —
    • the person is legitimated under the law of his/her residence or domicile,
    • the father acknowledges paternity of the person in writing under oath, or
    • the paternity of the person is established by adjudication of a competent court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a) of the INA- A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother:

A person born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth. The mother must be genetically related to the person in order to transmit U.S. citizenship.

What the DOMA Ruling Means for Sarasota Immigrants

Posted: August 9th, 2013 | Author: | Filed under: National News | Tags: , | No Comments »

*Originally posted 7/3/13*

Updated 8/9/13:

State Department Issues FAQs Regarding DOMA Ruling

FAQs for Post-Defense of Marriage ActQ: How does the Supreme Court’s Windsor v. United States decision impact immigration law?

A: The Supreme Court has found section 3 of the Defense of Marriage Act (DOMA) unconstitutional. Effective immediately, U.S. embassies and consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses.   This means that the same sex spouse of a visa applicant coming to the U.S. for any purpose – including work, study, international exchange or as a legal immigrant – will be eligible for a derivative visa.  Likewise, stepchildren acquired through same sex marriages can also qualify as beneficiaries or for derivative status.

Q: Do we have to live or intend to live in a state in which same sex marriage is legal in order to qualify for an immigrant or nonimmigrant visa?

A: No. If your marriage is valid in the jurisdiction (U.S. state or foreign country) where it took place, it is valid for immigration purposes.  For more information, please review the following page on the United States

Citizenship and Immigration Service’s (USCIS) website.

Q: I am in a civil union or domestic partnership; will this be treated the same as a marriage?

A: At this time, only a relationship legally considered to be a marriage in the jurisdiction where it took place establishes eligibility as a spouse for  immigration purposes.

Q: I am a U.S. citizen who is engaged to be married to a foreign national of the same sex.  We cannot marry in my fiancé’s country. What are our options? Can we apply for a fiancé K visa?

A: You may file a Form I-129F and apply for a fiancé(e) (K) visa.  As long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for the purpose of marriage.  For information on adjusting status, please review the following page on USCIS’s website:

Nonimmigrant Visas (NIVs)

Q: Can same sex couples now apply for visas in the same classification?

A: Yes. Starting immediately, same-sex spouses and their children are equally eligible for NIV derivative visas.  Same-sex spouses and their children (stepchildren of the primary applicant when the marriage takes place before the child turns 18) can qualify as derivatives where the law permits issuance of the visa to a spouse or stepchild.  In cases where additional documentation has always been required of a spouse applying with a principal applicant, such documentation will also be required in the case of a same-sex spouse (see below).

Q: Are there nonimmigrant visa classifications which will require approval of certain documentation before an interview can take place?

A: Yes. Same-sex spouses and stepchildren (F-2 and M-2) of student (F-1 and M-1) visa applicants will need to obtain an I-20A prior to application.  Spouses (J-2s) of exchange visitors (J-1) visa holders will need an approved DS-2019.  Finally, same-sex spouses of victims of criminal activity (U-2s) and human trafficking victims (T-2s) will require completed Supplement A to Form I-918 or I-914, respectively, before an officer approves any derivative cases.  This additional documentation is also required for opposite gender spouses.

Immigrant Visas

Q: My foreign national spouse has children. Can they also be included with my spouse’s case?

A: Yes, the children of foreign national spouses can be considered “step-children” of the U.S. citizens and can therefore benefit from a petition filed on their behalf in the IR2 category.    In other categories, stepchildren acquired through same sex marriage can qualify as beneficiaries (F2A) or for derivative status (F3, F4, E1-E4, or DV).  You and your spouse must have married before the child turned 18.

Updated 7/17/13:

DOMA Ruling Could Enable Same-Sex Immigrant Couples in Sarasota to Apply for Immigration Benefits

Statement from Secretary of Homeland Security Janet Napolitano:

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly.  To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

Click the link to read more.

We urge those who may be thinking of applying for their same-sex partner to contact a qualified professional to find out whether they qualify.

In the wake of the DOMA ruling Jaensch Immigration Law Firm has reached out to LGBT groups in the Sarasota area to offer them our assistance and to present them as resources to our clients as well.

  • Sarasota Pride is organizing the Sarasota Pride Fest for October 19, 2013.  For more information email

Sarasota Immigration Lawyer Helps Multilingual Job-Seeker

Posted: August 7th, 2013 | Author: | Filed under: Jaensch Immigration Law Firm | Tags: | No Comments »

We receive resumes from time to time from very qualified individuals who are looking for employment.  Unfortunately, we cannot hire them all, so today we are sharing one with our readers.

Pavel Soshnikov graduated from Florida International University with a Master’s degree in Economic Globalization this spring.  He also holds a Bachelor’s degree in International Relations with a minor in Criminal Justice from the same university.  He worked his way through college and so has several years of work experience under his belt.  He is fluent in Russian and conversational in Spanish.

Sarasota Immigration Lawyer Helps MultiLingual Job Seeker

Pavel Soshnikov is a MultiLingual Job Seeker

Please find his resume, including contact information, here.  We wish him the best of luck.

Immigration Attorney Learns of New Model for EB-5 Investor Visas

Posted: August 6th, 2013 | Author: | Filed under: Investor Visas | Tags: , | No Comments »

EB-5 Investor Visas are granted to those who invest $1 million or $500,000 in an existing commercial enterprise and create 10 new US jobs.  The difference in the investment amount depends on whether the enterprise is located in an area of high unemployment.  For a full blog post on the requirements please see our previous blog post on EB-5 Investor Visas.

Investor Visas

For a while after these visas were created immigrant investors had to find an existing commercial enterprise themselves.  Then the government permitted regional centers.  Regional centers pool investments and manage the money as well as the creation of jobs.  Different regional centers operate in different ways.  Some concentrate on maximum returns to the investor, others on exit strategy.

New EB-5 Investor Visa Model - E3IG Logo

New EB-5 Investor Visa Model – E3IG Logo

Now there is a new model.  E3 Investment Group of New York have developed a 3rd way to manage EB-5 investments.  Their press release explaining the program is copied below:

E3 Investment Group has achieved a critical milestone by securing its first investor in its innovative Scalable-Direct(TM) EB-5 program business model.

NEW YORK, N.Y., July 31, 2013 (GLOBE NEWSWIRE) — via PRWEB – E3 Investment Group, headquartered in New York, announced today that it signed its first investor in its Scalable-Direct(TM) EB-5 investment business model. The Scalable-Direct(TM) model may be the first of its kind to allow foreign nationals who invest their capital as part of the United States government’s EB-5 immigrant investor visa program to receive the benefits of an enterprise class organization, while each remaining independent from all other investors by being the only investor in its entity. This is designed to allow the investor to receive permanent residency in the United States, while using their capital to create jobs in high unemployment areas for US citizens and permanent residents.

According to Matt Gordon, Managing Director of E3 Investment Group, “The Scalable-Direct(TM) business model is simple. Each investor invests the required $500,000 in its own entity. The money buys the operating assets and hires ten or more employees. That satisfies the U.S. Government EB-5 program requirements. We manage all the entities together to provide economies of scale and high quality management to reduce the risk. Unlike other models, different investors’ assets and employment creation are never mixed.”

“Now that we have completed this critical milestone, we look forward to continuing to build out our program and help many of the world’s best, brightest and most entrepreneurial citizens accomplish their goal of helping build America and living the American dream.”

About E3 Investment Group

E3 Investment Group is a 21st century private equity firm that with three mandates, the three E’s: Employment – to create well paying, long term jobs; the Environment — to conduct our operations so that we minimize our impact in the industries in which we focus; and Earnings – so we can ultimately repay our investors, do well for ourselves and do good for the communities in which we operate.

For a short video on how Scalable-Direct(TM) works, see

See the following link for a comparison between Scalable-Direct(TM) and the typical EB-5 Investment structures:

This article was originally distributed on PRWeb.  For the original version including any supplementary images or video, visit

E3 Investment Group
Matthew Gordon
+1 2127927973

Sarasota Immigrant Learns to Live and Work Successfully in America

Posted: August 1st, 2013 | Author: | Filed under: Sarasota Immigrants | Tags: , , , | No Comments »

Susie Correia has been successfully living and working in America for over 7 years. Originally from the small Caribbean island of Trinidad, she first moved to the UK with her British husband in order to live and work there. She and her husband managed a B&B and several investment properties in Poole, on the southern coast of England. They had a son together and lived in Poole for 10 years.

When her son was 4 years old he decided that he wanted to be a tennis player. Ms. Correia did her research and found Nick Bolliterri Tennis Academy, now known as IMG Academy, in Bradenton. She moved to the Sarasota-Bradenton area and enrolled her son in the premier tennis academy. She also had to find a way to make a good living for herself and qualify for a visa in order to live and work in the States.

Not everything went perfectly for Ms. Correia. She and her husband filed for divorce. She decided not to waste any time and went back to school in order to make herself as marketable as possible. When we spoke with her she declared her inspiring motto: “You can go back [to school] at any age. You can do whatever you want as long as you put your mind to it.” She completed her education with a 4.0 GPA and as a member of Phi Theta Kappa Honors Society and earned the Leadership Distinction Award. She obtained a degree as a medical assistant then became a licensed Aesthetician, Licensed Insurance Agent & long-term care agent.

Susie Correia Lives and Works Successfully in AmericaSusie Correia Lives and Works Successfully in America

Susie Correia Lives and Works Successfully in Sarasota

Ms. Correia had always worked for herself and wanted to continue to do so in both nutrition and skin care. She is an International Distributor for Nu Skin / Pharmanex and also became a registered and authorized operator of the Pharmanex Biophotonic Scanner®. This machine, featured on the Dr. Oz show, provides, in about 90 seconds and without a blood draw, a quantitative level of skin carotenoids, which correlates with systemic anti-oxidant levels. In other words, Ms. Correia can accurately measure vital nutritional biomarkers non-invasively in only minutes.

Armed with this important information, Ms. Correia can make recommendations that can positively impact her clients’ health.

Ms. Correia is now a permanent resident and lives and works in America. Her son, just as industrious as she, graduated from high school one year early, having skipped a grade, and with straight A’s. He still plays tennis and is pursuing a career on the ATP tour. Ms. Correia is currently working towards her own financial freedom by helping people be more healthy. As an anti-aging specialist she can help people stop the signs and symptoms of aging both internally and externally with visible results sometimes seen in minutes. You can contact her for a free demo.

Susie Correia Lives and Works Successfully in Sarasota

Susie Correia with her son

Susie Correia can be contacted through her email:, or her cell phone: 941-893-0996.  To learn more about the biophotonic scanner and the tools Ms. Correia has at her disposal to improve her clients’ health and skincare, visit click on United States, or transformations.  Or for the skincare click on United States and for the business opportunity visit and request the info on the password protected portion for further information.

In a final note, Susie is also involved in a charity that donates a bag of vitameal every month for $25/month.  With one bag you can feed 30 people.  To learn more visit Susie’s website: