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Go Back   SailNet Community > General Interest > General Discussion (sailing related) > Green card...
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Thread: Green card... Reply to Thread
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Topic Review (Newest First)
07-08-2012 10:21 PM
TropicCat
Re: Green card...

That would be "hypothetical" mate
07-08-2012 09:32 PM
DavidB.UK
Re: Green card...

Such matters are purely theoretical at this point of course.
07-08-2012 09:26 PM
aeventyr60
Re: Green card...

Quote:
Originally Posted by DavidB.UK View Post
Hey here's a thought...

If I am conducting business in the UK, from a UK registered vessel that happens to be visiting US waters...

does that change the game at all?
Why would you be letting anyone know? Your wanting to open a huge can of worms there mate. Stay under the radar. The less said the better.
07-08-2012 09:21 PM
BentSailor
Re: Green card...

Not a lawyer, so take this advice with a handful of salt

From the sounds of your description here, it would appear you are neither conducting business nor working in the US. Simply receiving funds from an investment setup in the UK.

Of course, if you start to provide online support, add products to your website, etc - you'd be "conducting business" and from what folks have said here (and what little I know from a mate doing contract work in Texas) - that would seem to require a business visa.
07-08-2012 08:50 PM
DavidB.UK
Re: Green card...

Hey here's a thought...

If I am conducting business in the UK, from a UK registered vessel that happens to be visiting US waters...

does that change the game at all?
07-08-2012 08:31 PM
DavidB.UK
Re: Green card...

To clarify my position:

I currently make money selling digital products through my own website and through eBay.

Any sales which come through my website are fully automated, the customer chooses what they want, pay through paypal and they receive an email fro the site containing a temporary download link, first time I know I have sold a product is when I get a notification email from paypal saying that I have new funds.

eBay sales, I simply send a pre-formatted email in reply to the paypal receipt which either has the file attached or (if too large to email) a temporary download link.

From the sounds of of neither of those instances would require a work visa.
__________________________________________________ __________

As for travelling plans, I want the freedom to be able to go wherever the wind takes me. Pardon the deliberate pun

I will most likely visit the med first (first long distance cruise).
But I would very much like to visit US waters, key west and sail on the bahamas, Caribbean and Hawaii
__________________________________________________ __________

Aside from digital sales, I am working hard to launch a children's foundation in the UK, a unique 'self-funding' charity project designed to make a difference in the lives of local children.

I had/have plans to bring the project to the US in the next few years but it seems that there may be possibility to bring that timeline forwards somewhat in which case that would complicate matters ever further.

If things pan out that way then It is highly likely that I will come out the US via 747 and leave via sailboat...
07-08-2012 08:10 PM
DavidB.UK
Re: Green card...

Quote:
Originally Posted by Geoff54 View Post
You don't expect us to stop arguing amongst ourselves, do you??
Lol, not at all.

I am following each of the exchanges, I just thought that I should chime in so you know i'm still following the conversation.
07-08-2012 07:42 PM
Geoff54
Re: Green card...

Quote:
Originally Posted by DavidB.UK View Post
Thank you for the input guys
You don't expect us to stop arguing amongst ourselves, do you??
07-08-2012 07:36 PM
Geoff54
Re: Green card...

Quote:
Originally Posted by delite View Post
Dont compare yourself to an investor, The US SEC takes the view that anyone traveling in the US and executing (providing instructions) a trade in a security is subject to US law even if their broker is located in a different country and the broker must be registered in the US in order to accept the trade.
Didn't even think about the SEC and I'm betting most active traders don't either.
07-08-2012 07:34 PM
Geoff54
Re: Green card...

Quote:
Originally Posted by hellosailor View Post
OTOH if you actively log into the web site, and while you are sitting in the US you perform some activity which generates the income...well, you've been working here, haven't you?
Sometimes it's a very fine line but Immigration differentiates between "work" and "conducting business".

As long as it's temporary and you are not getting "paid" in the U.S. it is usually business - B1 Visa - not too difficult to get.

Getting paid directly while in the U.S. for a task performed here is "work" and requires a work visa (H1, H2, etc) - much harder to get and usually requires a Sponsoring Company, Dept of Labor certification, etc.

A Green Card is for permanent residence and unless you qualify because you have family here or because of special circumstances, the usual approach is to get a work visa, move here and then apply for a permanent residence. The are also quotas and waiting list which vary depending on your country of origin. Not sure what it is now but when I got my GC there was a two year wait from when you applied until they even looked at the application - that was from the U.K. which had one of the shorter waits.
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