Questions and Answers > Other Eb-5 Questions

How would my history of investment, business and taxes in the U.S. affect my B-2 visa status and touristic entry?

For many years, I have been a holder of a B-2 visa since I have been traveling to the U.S. a lot. I have family there. Three years ago, I invested in and co-founded an LLC based in Delaware, together with my brother who lives in NYC. I own my shares in a Swedish company equivalent to an LLC, but it is viewed as a pass-through entity so I have paid taxes and am waiting for a tax refund. Soon I am planning to visit the U.S. to visit my brother. Would my history of investment and business with U.S. companies create problems regarding my tourist visa? Do I need additional documents, or apply for a different type of visa?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on May 15, 2023

  Provided you are not working in the U.S. and this is purely passive income, you should not have any problems because of this.

• Dennis Tristani

  Immigration Attorney

  Answered on April 14, 2023

  So long as your intent when you visit the U.S. is for tourism or appropriate business, you should not have an issue. If you have been traveling frequently, you can expect questions about what you are doing and how long you are staying. Traveling with documents showing that you have ties to your home country and that your trip is temporary is always a good idea.

• Carolina Kripinski

  Immigration Attorney

  Answered on April 13, 2023

  As long as you do not work in the USA and do not have the intention to live here, you are fine with your B1/B2 visa. Foreign individuals can invest and have businesses in the United States. Contrary, if you are planning to live and work in the USA then yes, you should apply for another visa.

• Lynne Feldman

  Immigration Attorney

  Answered on April 13, 2023

  As long as you have sufficient ties to your home country and can demonstrate you are coming temporarily and intend to return, you should be fine.