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Retiring in Beautiful California:
Lots of the questions I receive are from retirees looking to move from
various parts of the world to California. Unfortunately, while I understand
their desire to live here, there is no such thing as a “retirement visa.”
However, there are visas available that would allow holders to remain in the US
for extended periods of time. Those visas include the following:
1. B/2 Visitor Visa. Previously, the B/2 visitor visa
granted an arriving visitor an automatic six-month admission into the United
States with an extension of up to six months. Thus the B/2 visitor could
theoretically remain in the US for up to one year at a time!
Now, the six-month admission is no longer automatic and the immigration
inspector has discretion to admit the B/2 visitor for only 30 days if the
inspector believes it to be appropriate. However, an arriving visitor can still
get the six-month admission if she is able to persuade the inspecting officer
that a six-month admission is required to complete the purposes of her trip.
The key to getting a six-month admission and subsequent
extension is understanding that the B/2 visa is a non-immigrant
temporary visa. This means that you must be able to show the
inspecting officer that your trip to Hawaii is temporary and that
you do not intend to remain permanently. Evidence to support this
might include documentation evidencing home ownership and family
ties in your country. Further, you should be able to show that you
have enough money to support yourself without working during your
time in California. It may also be helpful to show a six-month lease
for the home or condo that you will be living in while in
California.
Please note however that if you are granted a six-month admission and
subsequent extension, you may not be able to re-enter the United States
immediately after returning to your country. That is, you will not be allowed to
re-enter under your B/2 if the inspecting officer believes that you are
permanently residing in California. Thus, you should probably remain in your
country for at least a few months so as to establish your overseas abode.
2. E/1and E/2 Visas. As you may know, the E/1 and E/2
visas are working visas for investors or traders that are primarily doing
business between the US and their home country. For this visa you would actually
need to work in order to maintain your status under the category. Although this
may seem contradictory to the idea of retirement, investing some of your savings
and actively working in a business such as a coffee shop would allow you to
remain in San Diego by extending your visa for as long as the business exists
and is profitable.
3. Student Visa. You don’t have to study history or
math, but enrolling in an English Language School that is authorized to issue
I-20’s may allow a student and her spouse to reside in the US for as long as the
student is continuing and advancing her studies. What a nice way to fulfill a
life long dream, studying English under a California sunset…!
4. Immigrant Visas. For persons with substantial
savings, the immigrant investor program may allow you to get a green card
through investing $1,000,000.00 in a business. This visa entails hiring US
workers and has many nuances, but for those who have money and are looking for a
working retirement, this might be the answer.
As you can see, it’s not easy to retire to California, but take it from me,
when you see the beautiful beaches, spectacular sunsets, and feel the wonderful
climate, it’s certainly worth the effort.
Good Luck!
Stephen Ure
*The above information is general in nature and should not be
considered legal advice. Please consult with an attorney to discuss
the specifics of your case. E-mail:
Contact@urelaw.com
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