Daily Edition: San José, Costa Rica, May 16,  2003

Florida Lawyer Explains U.S. Immigration Law
Lawyers from the Miami law firm Ferrell-Schultz last Thursday gave a seminar entitled "Opportunities Without Borders," detailing key legal issues potential investors need be aware of before doing business in the U.S.
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No More Liquor Licenses in Jacó
Garabito Mayor Fernando Villalobos yesterday announced a freeze on the issuing of new liquor licenses in the central Pacific beach town of Jacó, arguing the town does not need any more bars, night clubs or package stores.
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C.R. Expands Diplomatic Relations
During an official signing ceremony yesterday in New York, Costa Rica formalized diplomatic relations with the Democratic Republic of East Timor and with the Republic of Latvia.
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XX Anniversary of ICOMOS-Costa Rica
Dances, concerts, puppets, traditional food, crafts, talks, workshops, etc., Fri.-Sat., May 16-17, 8 a.m., CENAC, Av. 3, Ca. 15, 258-0552, 256-7300.

XXV Anniversary of the Art Museum
Sat., May 17, 9 a.m., play "La Cucarachita Mandinga;" Musical for Children, "Mirar con Asombro;" 9:45 a.m., Salsa Orchestra and Jazz Band of the School of Music of Mercedes Norte de Heredia; 10:30 a.m., Choral Poetry "Songoro Consongo;" 11 a.m., Guitar Orchestra and Children Choir; 11:30 a.m., Blues Latino; 12:30 p.m., Cantoamerica in Concert; 2:30 p.m., Guided Tour in the Museum, La Sabana Park, 222-7155, 222-7932 ext. 103.

"Celebremos La Vida" Festival
On the 25th anniversary of the Costa Rican Art Museum, visual arts, music, plays for children, poetry, concerts by the Castella Conservatory Students, Music School of Mercedes Norte, Blues Latino, etc., Sat., May 17, 9 a.m.-4 p.m., 222-7932.

Florida Lawyer Explains U.S. Immigration Law
By Fabián Borges
Tico Times Staff

Lawyers from the Miami law firm Ferrell-Schultz last Thursday gave a seminar entitled "Opportunities Without Borders," detailing key legal issues potential investors need be aware of before doing business in the U.S.

Immigration Law expert Michael Feldenkrais gave a rundown of the different ways people can enter the U.S., obtain work permits and qualify for the all-important "Green Card" (U.S. Residency).

With over a decade of experience dealing with immigration cases, Feldenkrais is one of the top experts in the field. In 1997, he assisted Congress in drafting the Nicaraguan Adjustment and Central American Relief Act (NACARA) special immigration agreement.

Between 1996 and 1999, Feldenkrais produced "Ilegales" -- an immigration-related TV program that was broadcast all over Latin America on the SUR Cable Network. He currently provides his expertise on several programs on the Latin American network Telemundo and recently started an immigration information magazine called "El Sueño Americano" (The American Dream).

The most important thing is to keep your visa up to date, he said. If you try to renew it one or two months before it expires, chances are officials won't hassle you. If you show up after it expires, they will probably conduct a background check, he said.

"People often ask if they can work with a tourist visa. That depends on what type of work," he explained. "If the profits generated by the job leave the U.S., the person is not working, he or she is doing business. That's the difference between the B1 (business) and B2 (tourist) visa."

Anyone studying in the U.S. receives the F (student) visa. Students don't pay income taxes; they are exempt from the law that requires anyone who spends more than 133 days a year in the U.S. to pay "Uncle Sam." This will come in handy later on, he said.

The H (professional workers) visa is for skilled laborers working for U.S. companies. To apply for this visa, a university degree is required. However, three years of work experience are equal to one year of college. This visa can last up to five years.

Workers are also eligible for the L-1 (Intra-Company) visa. This visa requires the existence of two companies, one in the U.S. and one abroad, which share ownership. It doesn't matter what the companies do or what relation they have to one another, as long the owners with a deciding stake (51%) of each company are the same.

Companies can transfer executives, management and skilled workers who have worked during one of the last three years. Workers with this visa obtain a three-year work permit that can be extended for an additional four years. After seven years, the L1 visa expires and the worker must leave the U.S. for one year, but can return the next, he said.

"This is where the student visa comes in. If you have a work visa and your son is in school, he can accompany you to the U.S. under your visa or apply for a student visa," he explained. "If the company that pays you is in Costa Rica but you working in the U.S., you have to pay taxes. However, if you transfer your salary and assets to your son, you won't pay taxes."

Under CAFTA, Costa Ricans could be eligible for TN (treaty national) visas -- a combination of L and H visas that can be renewed indefinitely, he said.

"People who wish to immigrate permanently to the U.S. have two options -- family and work," Feldenkrais explained. "Family immigration requires a sponsor."

Citizens have priority over residents in immigration requests. It takes between 10 months (Florida) and three years (California) to request spouses, parents and unwed children under 21. Requesting unwed children over 21 takes three to five years; married children and their families five to eight. Requesting a brother takes 12 to 18 years.

Resident requests for spouses or unwed children under 21 take between three to five years. Unwed children over 21 take five to eight years. Residents can't request parents, brothers or married children.

"There's a maximum quota of 644,000 green cards a year for family members and millions of requests," he said. "This process can be painfully slow.

"If I marry a Tica and want to move to the U.S., it's going to take forever. Luckily, there are options," he added. "She can immigrate as a tourist and extend her visa every six months until the papers are filed. Since she lives with her sponsor, she won't be denied the visa.

"She can also apply for the K (marriage or 'love') visa," he said. "If she has a wedding planned in the U.S., she can go for three months. If she gets married, she receives a temporary work permit while the paperwork is processed."

Employment is the other means of obtaining permanent residency. An established U.S. corporation can "permanently" transfer employees from offshore branches in as little as 60 days, he said.

People with graduate degrees and other skilled workers can receive residency if their employers can't find U.S. citizens qualified to perform their jobs. Orphans and members of the clergy can also apply for residency, he said.

As a last resort, rich people can "buy" their green card by investing over $1 million in a new U.S. company that employs at least 10 people after two years, he said.

C.R. Expands Diplomatic Relations

During an official signing ceremony yesterday in New York, Costa Rica formalized diplomatic relations with the Democratic Republic of East Timor and with the Republic of Latvia.

"Costa Rica is opening relations of fraternity and cooperation with two friendly countries with which, despite our geographical distance, we share the common values of peace, respect for human rights, democracy and development," said Foreign Minister Roberto Tovar.

With the addition of East Timor and Latvia, Costa Rica now has diplomatic relations with 118 countries, according to a Foreign Ministry press release.

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