Category: conditional resident

American Dream Law Office PLLC Wins EB-5 Case for Foreign Investor

Yesterday, American Dream Law Office PLLC received USCIS approval for a stand alone EB-5 petition for one of its clients. The client is now awaiting the processing of his immigrant visa by the State Department’s National Visa Center in New Hampshire.

The Eb-5 program was approved by Congress in the 1990s to attract capital investments into the United States. The program allows an investor to invest certain amounts of capital in the United States to receive an immigrant visa, and eventually lawful permanent residence (green card). The beneficiary would be able to immigrant to the United States as a lawful permanent resident with any of his family members who are under 21 years old, if applicable.

The process is cumbersome and gets more complicated depending on the amount and area of investment. The program calls for a minimum investment of $500,000 in a rural area or a Targeted Employment Area, defined as an area with at least %150 of national unemployment. The program calls for an investment of at least $1,000,000 in all other areas. The investment must be in a company that was established after November 29, 1990, or if the company was established before, must meet several other requirements. A successful petition would grant an investor conditional permanent residence for two years. The investor must show that his investment created or in the process of creating  at least 10 qualified jobs to remove the conditions on residence after two years. The investment could be in any for-profit organization.

Two forms of processes could be used for the investment: through a stand-alone entity or through a regional center. A stand alone entity is an entity that would be established and run by the individual investor; a regional center is an investment company that is pre-approved by USCIS to receive foreign investments from foreign investors and petition for their lawful permanent residence. The terms for the various regional centers are  different, and an individual investor must carefully consider the financial of the chosen center with the help of a certified financial agent to ensure success.

At American Dream Law Office PLLC, we would be glad to help you with all aspects of the petition process. Through our connections,  we could introduce you to individuals to help with the company’s financial analysis, business planning, and drafting an effective business plan that would increase your chances of success. We will also do our best to guide you through the immigrant visa process to ensure that you and your family take the first steps towards your American Dream.

Please note that individuals results vary and that any reference in this post regarding past results should not be construed as a promise or guarantee of any results.

Board Rules that Conditional Permanent Resident Admitted at POE Ineligible for 212(h) Waiver

The Board of Immigration Appeals ruled today that a conditional permanent resident admitted as such at a port of entry is ineligible for cancellation of removal since he was an aggravated felon. The Respondent in the case was a citizen of North Korea who was convicted of two crimes involving moral turpitude and an aggravated felony. He was admitted as a conditional resident in 1991 and was placed in removal proceedings in 2013. He conceded removability at his hearing but applied for adjustment of status along with a 212(h) waiver. The immigration judge ruled that he was ineligible for adjustment and the waiver since he was admitted to the United States and convicted of an aggravated felony. In upholding the immigration judge’s decision the Board ruled that conditional residents admitted at a port of entry is an alien admitted for permanent residence. The Board ruled that since the conviction was within 7 years of his admission, he was ineligible for cancellation of removal. Click here to read the decision.

Immigration Fraud and Proving your Marriage is Bona Fide for Immigration Purposes

I sometimes meet with potential clients who have entered into a marriage solely for immigration purposes. In other words the immigrant is marring a US citizen or lawful permanent resident just to receive his permanent residence in the United States. I usually do not accept these cases and warn the potential of the grave consequences of filing the petition. 
In 1986, Congress passed the Immigration Marriage Fraud Amendments Act to combat marriage fraud. Under the law, a person who applies for a benefit under the Act, whose marriage to a US citizen or a lawful permanent resident is less than two years old, receives conditional resident status for two years. The person should file to remove the conditions 90 days before the second years anniversary of his conditional status. The conditional resident could apply jointly with his spouse or for a waiver if the couple is no longer married. There are three waivers under the Act.
The Service has several fraud indicators. To show that the marriage is bona fide, the applicant must submit documentary evidence  including insurance policies, joint bank accounts, tax returns and leases. These petitions are so complicated and you should always hire an attorney. A denial could land you in removal proceedings.