Serving EB-5 investors in USA and Asia, with empathy and specialized skills gained through years of experience, our office focuses on quality rather than quantity.
[Q] Is there any immigration classification which also requires conditional permanent residence stage?
[Q] Under the U.S. immigration law, is there any other immigration classification which requires an applicant to have to go through conditional residence status before obtaining "permanent" residence status?
Yes, an applicant is required to first go through the conditional residence status when the alien applies for green card based on his or her marriage to a U.S. citizen. For example, if an alien marries a U.S. citizen in May 2009 and interviews for immigrant visa let's say in December 2009, the alien will be given conditional residence status. Just like EB-5 category, the alien will have to apply for "permanent" residence status or often referred to as "conditions removal" 21 ~ 24 months after the acquisition of conditional permanent residence (CPR) status.
[Q] I have a DUI (driving while under influence of alcohol) records. Will this pose any problem with my pursuing EB-5 case?
Most DUIs do not make applicants ineligible to receive immigrant visas. However, in the event you have one DUI record during the last 3 years before the immigrant visa interview or total of more than two DUI records at any time, you will have to obtain a medical opinion letter from a designated medical doctor to show that you are not addicted to alcohol, before you receive immigrant visa. This may take additional month or two. Therefore, you may have to make plans accordingly.
Our overriding goal is to provide helpful information, news and developments in the EB-5 area, and to offer following specific services handled by a team of experienced EB-5 attorneys located in Asia and USA, all speaking local languages.
- Offer telephonic consultations on various EB-5 issues (paid)
- To handle volume I-526 filings for EB-5 investors primarily located in China, Korea or another Asian country, including IV processing at very competitive prices.
Yes, under the U.S. immigration law, two separate cases to obtain green cards may be pursued at the same time, but you cannot obtain green card status through another classification if you already have a green card status until your green card status is terminated or abandoned. A careful evaluation of what stage you are currently in the middle of your labor certification and whether there is a real need for you to pursue the second avenue need to be conducted.
Yes, under the EB-5 law, a child under 21 years of age at the time I-526 is received by the USCIS qualifies to immigrate as a dependent, assuming of course that the I-526 immigrant petition is approved. Therefore, it is crucial for the USCIS to receive the I-526 petition before your daughter turns 21 years of age. Otherwise, your child will have to file as the principal applicant.
Under the U.S. immigration law, certain criminal records, especially those involving crime of moral turpitude, will not be eligible to receive immigrant visas or to qualify for I-485 adjustment. However, many facts must be ascertained, including whether the family member with the criminal record will need to immigrate, etc. Complicating the scenario is the fact that the criminal law among countries differ: What is criminal under one country might not be deemed to be criminal act that makes one ineligible to receive immigrant visa under the U.S. immigration law.
[Q] We have 21 year old son studying in the U.S. on F-1 visa. Can we have the son do EB-5 case on his own?
Yes, under the U.S. immigration law, when a child reaches 21 years of age, he or she cannot qualify to immigrate as a dependent of the parent who is the principal applicant. Therefore, there is no choice but to have the 21 year son proceed as the principal applicant. This means requisite funds probably has to be gifted to the son to meet the lawful source requirement.
There is no specific minimum age requirement under the US immigration law, as far as we can see. Probably, the individual state's law on minimum age required to enter into valid contracts controls.
[Q] I stayed in the U.S. illegally in the past. Am I eligible for EB-5 case, assuming I meet the other requirements?
The nature and the length of your "illegal" stay has to be determined and then evaluated under the U.S. immigration law to determine if you are eligible to immigrate. Therefore, talk to your U.S. immigration attorney.
You, as the principal applicant, should probably be at least over 18 years old, not have serious criminal records, past fraudulent visa records, show that you earned the money lawfully.
Aside from the individual eligibility requirements, EB-5 Program and Project have to show that they meet the EB-5 law requirements, but this is not your job, although it should be your concern to choose a specific EB-5 Program and Project which meets the EB-5 requirements and has a good track records.
You can file I-526 petition at any time, any where. However, to obtain immigrant visa or I-485 adjustment approval, you and your dependent family members need to show that you are not subject to the 2-year home residency requirement, you satisfied the 2 years home residency requirement or you and your family have obtained a waiver of the 2-year home residency requirement.
[Q] If I had money sitting in my bank account for 5 years, and I used a portion of this money for EB-5 case, will this suffice?
[Q] I would like to know if the following situation would meet the lawful source requirement. Let's say I had 1 Million USD sitting in my bank account for 5 years, and I used a portion of this money for EB-5 case. Will this meet the lawful source requirement?
Yes and no. Yes, it shows that you had the legal control over the money at the time of investing, but you still have to show that you "lawfully" earned that money which has been sitting in your bank account for the last 5 years. However, USCIS is pretty reasonable when it comes to the types of documents that you need to submit to prove that the money in the bank account has been lawfully earned or received.
However, it should be noted that the level of scrutiny that CSC examiners will apply to the lawful source issue varies like temperatures affected by the political mood, etc.
The answer and the kinds of documents needed depends on individual facts of the case. Some applicants have an easier time meeting this documents without too many documents, but some need to submit more documents. In this aspect, a U.S. immigration attorney with a lot of experience in having handled EB-5 cases would be a definite plus. However, USCIS takes a "reasonable" approach when it comes to adjudicating the lawful source requirement. Without applying the reasonable standard, many EB-5 cases would not be able to meet the lawful source requirement.
[Q] I am a single mom who did not make substantial money. Can I receive the requisite funds as a gift from my father?
[Q] I am a single mom who did not make substantial money. Can I receive the requisite funds as a gift from my relatively rich father and immigrate under EB-5 Program?
Yes, the lawful source requirement can be met by a gift. However, it still has to be shown that your father lawfully earned the money gifted to you. As to the format of the actual gifting, talk to the qualified U.S. immigration attorney regarding how the gifting should be structured, etc.
Under the EB-5 law, there is no age limit to pursue EB-5. In this respect, even though the U.S. EB-5 law has some requirements and restrictions, it reflects the free enterprise philosophy of the U.S. system in that as long as you made the money "lawfully", then there is no age limit, as long as you are above the minimum age to legally enter into a binding contract, which usually is above 18 years old. Of course, the consular officer, during the immigrant visa interview, will make their own determination as to whether you are "mentally capable" or "senile", in which case you will not be issued immigrant visa. In this sense, it's not advisable to crack some off-the-wall jokes with the consular officer, since the officer may determine that you are senile based on your bad jokes. :)