Published on Lawyers.com and the Epoch Times on August 16, 2013

Q & A 1. 2. 3. 4.

Q&A 1.

Is it True That an Immigrant Can Buy a House for Over $500,000 in U.S. to Get a Green Card?

Our house has been on the market. We had a phone call saying that an immigrant wanted to purchase it for full price in order to obtain a green card. Is this legal?

Attorney Lee answers:

It appears that someone is an eager beaver. You can sell your residence to whomever you choose, whether the person is a U. S. citizen, permanent resident, person on a nonimmigrant visa, or even someone who is illegal. But at present, an immigrant will not be able to get a green card buying a house for over $500,000. In the Senate bill for comprehensive immigration reform which is not yet law, there is provision for giving retiree visas to aliens who use $500,000 in cash to purchase one or more residences at an amount in excess of 100% of the assessed value; are at least 55 years of age and have health insurance; are not inadmissible to this country; will not seek public assistance; will not work other than to manage a residential property worth at least $500,000; and will reside in the U. S. in a residence worth more than $500,000. If and when this law passes, these qualifying individuals would receive renewable three-year visas and be allowed admission along with their spouses and children.

Q&A 2.

Civil Lawsuits and Naturalization Process

My husband is applying for a citizenship and has an interview scheduled. He has a business and is being sued by previous employees for wages .He never settled the case and they came up with sexual harassment allegation in it. The case has been going on since 2009 and is still in the middle of nowhere. He is very stressed that that could prevent him from getting his citizenship if they mention it on the interview. Do they have access to that? And will that affect the naturalization process?

Attorney Lee answers:

U. S. immigration laws are concerned with a permanent resident being able to establish good moral character for the requisite period of time before applying for U. S. citizenship. Good moral character is seen in the context of whether there are violations of criminal law not whether there are civil lawsuits pending. As long as there is no criminal suit, your husband’s interview should be all right so long as there are no other issues.

Q&A 3.

H-1B Visa Stamping

I am under 1 year OPT now and my OPT expired next year. My F-1 visa expired and I am staying in US by using I-20 and I-94. I did not go back to my country 8 years. Now I am applying H-1 and got approved. I want to go back to my country for two weeks (vacation) on October. 1. Do I need to go to US Consulate for visa stamping? 2. I also had green card application under F-2B (family based for unmarried child over 21-my dad sponsor). What is my chance for H-1 interview? If I fail, can I go back to US? 3. If I stay in US and keep working, do I need visa stamping? Thank you very much.

Attorney Lee answers:

In order for you to reenter the U. S. with the H-1B approval, you are required to obtain an H-1B visa from an American consulate or embassy unless you are a Canadian national. The H-1B visa contemplates dual intent in the sense that you can be issued such visa even if you have immigrant intent so long as the consular officer believes that you will leave the U. S. at the time that your status expires if you have not yet been granted your permanent residence. Your chances at interview for an H-1B visa would likely be good as long as the consular officer did not believe that you committed misrepresentation in obtaining your initial visa to come to the States. If the interview fails, you can contest the determination either with the consular officer’s superiors, the Department of State, or U.S.C.I.S. dependent upon the circumstances of your case. As long as you are in legal status, you are allowed to work in this country without the need for visa stamping. A visa stamp only indicates the periods of time under which you can travel in and out of the country. The time that you are allowed to stay while you are here is governed by U.S.C.I.S. and is indicated on your H-1B approval with the I-94 attached to it.

Q&A 4.

Can I Work With an A# and Not My Actual Green Card?

I got my welcome to America notice with my A# number on it.  Can I use this for my employer to pay me rather than me waiting for my physical green card? Also can I use it to renew my driving license?

Attorney Lee answers:

The welcome to America notice is not one of the accepted documents for employment authorization. That being said, I seriously doubt that your employer would suffer any liability by paying you now rather than waiting for you to present your physical green card. The difference in time is probably a month or less unless you are requested to re-fingerprint. Also the date of the welcome to America notice should be the date on your green card once you receive it. Whether your local Department of Motor Vehicles accepts the welcome to America notice to renew your driver’s license would depend upon the state’s policy.

Copyright © 2003-2013 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.