Per article he owns a business.
Usually a pre-Green-Card work permit doesn't allow that (you need a GC to own a business).
This article is an example of sophisticated co-mingling of facts and omissions, designed to obfuscate the context.
Usually a pre-Green-Card work permit doesn't allow that (you need a GC to own a business).
This article is an example of sophisticated co-mingling of facts and omissions, designed to obfuscate the context.
Additional context: he claims ICE forged his signature on legal documents.
He should be free while the case proceeds. Seems like exactly the kind of person who is not a flight risk, because the entire reason he’s contesting it is because he’s built a life he doesn’t want to leave.
You seem to be searching for the slightest absurdity to justify any of this happening.
You are mistaken. Plenty of people own businesses in the US even as foreigners. I don't even have to step into that country to open one, and also not for a transfer of ownership/shares.
I didn't say you needed to be a US resident to register a company.
I said that most pre-GC work-permits (e.g. H1B) don't allow you to own a US-based business. If you're here on a work-permit, they (the govt.) expect you to be an employee of your sponsor, they don't want you to start a business.
To your point,
one can be an investor in a US company without having a US visa/residence/work-permit. Although, to open a business without living in the US, only a handful of states allow this (e.g., Delaware, Wyoming, Nevada).
However, once again, if you are in the US on a work-permit, you need to follow the rules of the work-permit. The rules applicable to non-citizens who are not living in the US on a work-permit may be different.
Really, I am just saying that the statement "you need a GC to own a business" is far too broad a claim to be true.
You can absolutely own a US-based business on a H1B, like you can buy shares in companies, it's just a 100% share. You just cannot work for your company without having an approved H1B from that business or having some other generalized work permit like an EAD.
That you are not allowed to work for a business (even if you own it) without a work-permit to work for it.
The article is extremely light on details but fact he doesn't have a Green Card/Lawful Permanent Resident yet would indicate that at some point of his time in United States, he was illegally present, probably for a while.
Sure, he's on path, MAYBE (that's up to immigration courts), to legal status but he's not quite there yet and it's one of those "Are we going to forgive past transgressions?"
How do you conclude that from the facts in the article?
Also, despite all the US screaming about "They took our jobs" with immigrants, the US doesn't really hand out work visas all that much and don't really hand it out to blue collar labors at all.
There is a possibility that he's been on legal visa entire time but I'd give extremely good odds that he wasn't. The fact his immigration lawyer doesn't mention it is very telling.
> Culleton entered the US in 2009 on a visa waiver programme and overstayed the 90 day-limit
> Culleton said that when he was arrested he was carrying a Massachusetts driving licence and a valid work permit issued as part of an application for a green card that he initiated in April 2025
That's about 15 years of illegal stay according to "the facts in the article".
Reading over court filings, there is collision between two laws. First one is, "Those who marry US Citizens can get Green Card regardless of previous US Immigration violations."
Second one is, VWP admits have no rights. If US decides to deport you, out you go with no further discussion.
Biggest takeaway of Trump immigration actions is Congress has fucked up so bad letting system get to this point.
That is absolutely false. I know many people who have lived legally in the USA for many many years with valid visas and have intentionally never pursued a green card. Two people come to mind including one who has over 20 years the US on valid visas -- she intentionally never pursued the green card despite both (a) being married to an American and (b) being legally able to get the green card.
Some of them are now pursuing green cards only because of federal government's immigration enforcement not only going after illegal immigrants or criminals but clearly and intentionally pursing immigrants in general -- even those who are legal and without any criminal history.
One was on a student visa for undergrad and then a student visa for masters for 6 years total (4 for undergrad and 2 for masters), then on a G4 diplomatic visa while working at the World Bank for 5 years, then back to a student visa for 5 years pursuing a PhD, then back to a G4 Diplomatic visa for 6 years while working at the World Bank. This person married an American about 10 years ago and still never pursued a green card out of choice.
Another was on a G4 diplomatic visa while working at the IDB for 3 years, then a student visa for 5 years while pursuing a PhD, then a visa while working at the Federal Reserve for a number of years (not sure of which, but either H1B or J1), and then on a G4 diplomatic visa while working at the IMF.
Of course, these are not your typical situations for the average immigrant. Admittedly, I live in a bit of a bubble surrounded by economists in Washington DC from the World Bank, IMF, IDB, etc who are mostly on G4 diplomatic visas.
My point is it is still possible and one shouldn't presume.
You can presume when you read the article and realize he was working in blue collar trade so your experience does not apply.
EDIT: And they would likely transition to Green Cards the second that their work visas expired.
When discussing this with friends, multiple spouses have pulled out green cards and only newly weds had anything else but green card. She showed her passport with some form attached to it.
Also, I did dig up the court filings: https://habeasdockets.org/media/documents/71921787/004_18103...
Yes, he was here unlawfully (Admitted as tourist and overstayed) for a period but due to his marriage, he on path to Green Card.
This is incorrect. You do need to pursue it. Just because your friends did pursue it once they were able to, doesn't mean it is automatic. One needs to decide if they want to get their green card or not once they are married to a US citizen.
Which is (or was) a good deal, but hardly a formality.
For ICE enthusiasts, forgiveness is reserved for Presidential candidates.
For a productive member of society? Absolutely, bring him in and let him stay.
There are absolutely some immigrants who should be deported for violent crimes and likewise, but they are a tiny minority of immigrants. So when you set quotas far above that, they start rounding up productive members of society to fill the quotas and ignoring the violent criminals because it’s easier to arrest parents and children.
Other countries will either summarily deport you and make you resolve your status from outside the country, or let you stay while you appeal and deport you when your appeals are exhausted. Both are sane things to do, this is not.
Other parts of the world believe in human dignity and helping people fix the things that are broken in their lives. Look up Norwegian prisons...
Gosh, we have very different ideas of policy.
and historically documentable
there's probably good reason he's writing 5 Million dollar checks a pop to various PACs
Citation needed.