Q: How can I keep my LLC as a former F-1 student and soon to be ESTA tourist and later getting a marriage based visa?
Hi, I am an F1 student who studied for 4 years in the US and did 1 year of OPT. During my OPT I opened my own LLC in marketing. I am going back to my home country now and returning as a tourist on ESTA. I have a US citizen partner who I am planning to marry when I get back so that we can live and stay together. How can I keep my LLC and my clients while the green card and work permit process? I understand it takes about 3-6 months to get the work permit. I’ve been working hard as for a year to build up my clientele and business and don’t want to lose it all. Thank you!
A: A foreign national who enters the US legally and applies for a green card later based on marriage to a US citizen will not be prevented from obtaining a green card for running his/her LLC without work authorization
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
You can keep your LLC and maintain its operations while transitioning from an F-1 visa to a marriage-based visa. As an ESTA tourist, you are allowed to manage your business from outside the U.S., but you cannot actively work for it or take a salary while you're in the U.S. under ESTA, as this could violate the terms of your stay.
Once you return on ESTA and marry your U.S. citizen partner, you can apply for adjustment of status (AOS) to obtain a green card. After submitting your AOS application, you will also be able to apply for a work permit (EAD). While waiting for your work permit, you should avoid actively working for your LLC, though you can continue owning and managing it without taking a salary.
To ensure you're complying with all immigration and business regulations, it’s crucial to follow these guidelines carefully during the transition period. Once you receive your work permit, you can resume working for your LLC as normal.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
