Published on Lawyers.com and the Epoch Times on November 2, 2018
Q & A.
I Am From India and I Am Living and Working As Caregiver Since 6 Years in Israel. I Want to Visit to USA for Meet My Younger Brother.
Mr. Lee answers:
If you have been living and working as a caretaker in Israel for six years, you could apply for a B-2 visiting visa from Tel Aviv or the American Embassy consulate in Jerusalem. Visitors visas are given in the discretion of American consular officers and you would have the burden of proof that you do not intend to remain in the US past the time that you are requesting for visiting in the States. The fact that you are a third country national in Israel will be taken into account, but also the fact that you have spent the last six years in the country. Your brother's presence in the US would be taken as a negative factor if he did not hold legal status. If holding legal status, that would be a good factor as he could also guarantee financial support if capable. Even if he is a US citizen, the fact that he could also sponsor you for permanent residence is not much of a factor since the waiting time (now approximately 13 years) is so long as to almost negate any semblance of immigrant intent.
Can F2 Visa Holder Start a Partnership Company As An Investor?
My wife is currently holding F2 visa. We have already filed I-526 petition for our EB-5 program. Her friend who is a green card holder likes to start a partnership company with my wife. To establish the company, my wife's SSN and ITIN are required. (She had a job during her OPT so she has ITIN). My wife will be a passive investor/owner without operating company and drawing income. Is there any violation which would sabotage our I526 petition or even future I-829 petition? Is there anything else we should pay attention?
Mr, Lee answers:
As long as your wife is a passive investor, there is nothing in the law that prevents your wife from establishing a company in partnership with anyone else. Such an act does not constitute unauthorized employment.
I'm On the Process of Getting a Divorce From My Spouse Who Has a Conditional Visa For 2 Years
He wants to use our daughter to have his conditional visa removed. His lawyer is saying that if he has a shared legal custody, he will be able to have his green card. But I don't want that. He doesn't care about our daughter when we are still together and all of a sudden, he cares so dang much. I feel like he is using our daughter to only get his green card. He always talk about how soon he can get his permanent card and now I realized that he was all about that.
Mr. Lee answers:
It would be fairly difficult for U.S.C.I.S. to deny your spouse's removal of the conditional basis of his residence status since you have a common child. U.S.C.I.S. is mainly concerned with whether there was a bona fide marriage and not one done for favor or profit. A child together is strong evidence of a bona fide marriage.
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