My business partner and I are currently a partnership. We run a business in which we publish apps to iOS and Android. We are generating enough profits that we want to incorporate so we can hire employees, grow the company, and offer stock options. We are both located in the San Francisco Bay Area.
Both my partner and I came to the U.S. at a very young age (we were both around 3 years old at the time), our parents brought us here illegally and we've been here ever since ( we are in our mid 20s now). We both attended elementary, high school, and college in California. We ended up dropping out of college to run our business full-time.
We are "undocumented immigrants" we don't have #SS, for filing/paying taxes we use an ITIN (yes we pay taxes on all our income). We are unable to get a drivers license in California (we drive without one) but we can get car insurance (which we do have). Going back to our home country is not an option, both of us do not speak the native language very well and we have no family back in the home country. We've grown up and lived in the U.S. our an entier lives and this the only country we consider home.
We talked to an immigration lawyer, he told us that it is basically impossible for us to take funding form a VC and probably most Angels because they run background checks on you and our issue would come up. We didn't bring up if incorporating would be an issue (that's why I'm posting this question).
Is it possible for us to incorporate the business? Will not having the "proper" documentation be an issue? We are not planning to higher people and pay under the table, we are trying to do this as legitimately as possible with the situation that we are in.