Marc Santamaria

At Santamaria Law Firm, we see many investors fail because they hesitate to spend their capital before the visa is granted. However, 8 C.F.R. § 214.2(e)(12)  is clear: The investment must be irrevocably committed  and "at risk” of total loss. Q1: Can I keep my money in the bank until I get the visa? No. Under the "At Risk" standard, capital must be actively in the process of being used. Per 9 FAM 402.9-6(B) , a mere intent to invest or a bank balance is insufficient. The funds must be subject...

At Santamaria Law Firm, we emphasize that while 8 C.F.R. § 214.2(e)  lacks a fixed dollar minimum, it mandates a "substantial" investment. In 2026, adjudicators have heightened expectations due to surging U.S. operational costs. Q1: If the law doesn't state a minimum, how is "substantial" measured? Officers apply the Proportionality Test (9 FAM 402.9-6(D)). This compares the amount of funds invested against the total cost of establishing the business. For startups, you are typically expected...

U Visa Eligibility After Withdrawing Domestic Violence Charges Due to Financial Dependency (2026 Update)   By Marc Anthony Santamaria, Founding Attorney | Santamaria Law Firm, P.C. Victims of domestic violence frequently face immense pressure to withdraw police charges, often due to severe financial dependency on their abuser, fear of retaliation, or trauma. A common question we receive at our San Francisco office is how this impacts their immigration options. Q: Can I qualify for a U visa if...