Frequently Asked Questions: Visas, Green Cards & Immigration Law
As a result of assisting hundreds of immigration clients with various visa matters in past years, our immigration lawyers have compiled a list of frequently asked questions. Be sure to check back often as this list is continually updated. Still have a question? Contact us today to speak with an experienced immigration law attorney.
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I am a Chinese citizen interested in an EB-5 investment visa. Will I face any specific challenges as a Chinese applicant?
While Chinese citizens may face some specific challenges in applying for an EB-5 visa, these can be overcome with guidance from a qualified attorney. Some challenges facing potential Chinese investors are:
- Properly documenting source of funds
- Having ties to the Communist party
- Dificulties in selecting a Regional Center
Source of Funds
Regulation that requires evidence of the lawful source of capital may pose a challenge for some Chinese investors, because of the differences between Chinese and American tax and financial regulation systems. In addition, tracing the path of funds may be further complicated by the Chinese government's currency restrictions, which limits remittance of currency is to $50,000 per individual per year.
Ties To the Communist Party
Chinese citizens who are interested in an EB-5 visa should also be aware of the regulations regarding the admission of former members of the Communist Party.
Difficulties Selecting A Regional Center
Finally, there have been some reports in China of bad practice on the part of some agents from EB-5 regional centers, who have made promises to Chinese investors that were unethical. When you begin to research regional centers, be wary of any representatives or agents who make claims that seem too good to be true; they probably are!
In general, effective communication with an attorney experienced in working with Chinese EB-5 petitioners is the best way to overcome the roadblocks that may arise as a result of the disparities between American and Chinese legal and financial systems. Contact Jatoi & de Kirby, APC online or by phone at 415-221-2345 to get your questions about the EB-5 program answered.
What advantage does the investor based green card route provide me?
The two main advantages of this investment based immigration route are the speed by which an applicant receives legal permanent residence in the U.S., and the lack of several application requirements that often make the green card process prohibitive for many applicants. To get a better idea of these advantages let us quickly consider the general path that persons not availing themselves of the investor based green card process must endure:
An applicant would first have to apply for a non-immigrant visa such as an H-1B or L-1 visa. To do this an applicant would need to have an employer, which by itself can already be prohibitive for many people. One must also convince USCIS of your educational and experiential qualifications and that you are going to be engaging in a qualifying occupation. If one manages to qualify for such a non-immigrant visa it would then only be granted for a period of 1 or 3 years depending on certain factors. After that time is used up on the non-immigrant visa one would have to apply for an extension which is by no means assured. If an applicant then wishes to apply for a green card and adjust status from the H-1B or an L-1 visa to an immigrant visa (green card), then another arduous process begins. In some cases this requires finding a sponsoring employer for the green card case, having the company conduct recruitment advertising, and justifying why the company needs the applicant and cannot find suitable employees in the U.S. to complete the applicant's job. As one can imagine, this process is often difficult, especially in the current economic situation in the U.S. Often times this whole process can take 3-5 years or more.
Obtain a United States Green Card with a qualified investment of $900,000 in a USCIS Approved Regional Center. We have set our clock to December 11th 2020, however Congress is considering new legislation which will increase the qualified investment to $1,000,000. This change could happen at any time and the $1,000,000 could become the law with little or no notice. If a Green Card is important to you and your family please contact our office immediately.