Kennedy Law

$500,000 or $1000,000; What is An EB5 Targeted Area?

If you invest in either a Direct EB5 or Indirect EB5, your monetary investment will be either $1million or $500,000. Depending on the zip code you can receive a Green Card with the minimum $500,000 investment. Those zip code areas are called Targeted Employment Area, or Areas of High Unemployment/ Rural Areas.

For an area to meet the requirement for a targeted employment area, the location must have a disproportionate unemployment rate which is much greater than the national average. The unemployment rate must be at least 150% higher than the national average at the time of the investment.

A rural area is any area that is not located within a large city with a population of at least 20,000, or in the suburbs that surrounds the city. The population must have been taken from the last decennial census of the United States.

The visa applicant must prove that their investment will be located within the targeted employment area. They must prove that either the project will be located in a high unemployment area (150% above the national average) or be located in a rural area.

There are several ways for an investor to prove this, however to be most accurate it is advisable to seek the guidance from an experienced and knowledgeable immigration attorney.

It is of immense importance to make sure that when an investor makes their investment in a Targeted Employment Area that the area is in fact still classified as a Targeted Employment Area.

If the investor begins the process of filing for an EB5 and their targeted location is no longer as a Targeted Employment Area, then what was initially a $500,000 will have to be a $1 million-dollar investment. In order to qualify for the EB5 Visa.

This is another reason why consulting with an experienced and knowledgeable immigration attorney is of immense value to the investor.

In order to be sure that you meet the requirements for an EB-5 Visa and/ or to properly file a petition, it is advisable to seek legal guidance from a knowledgeable immigration attorney.

This is an immigration legal blog. It is not intended to be used as legal advise. For further information please contact the law offices of attorney Ramona Kennedy. Ramona Kennedy ( Attorney) is a member of American Immigration Lawyers Association (AILA).

Email: Kennedycounsel@gmail.com
Phones: 13106230080 & 19496770063
Imo: 13106230080 & 19496770063
Telegram: 19496770063
Office Locations:
Los Angeles (WestWood) Location
Openheimer tower
10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024
Phone: 13106230080
Orange County Location
5000 Birch St, Suite 3000 Newport Beach CA 92660
Phone: 19496770063

Criminal Activity and Complications for a Permanent Resident, Visa Holder, Pending Applicant, Immigration Petitioner and their Family Members:

While in the United States, it is important for a person to obey all Federal Laws. It is also important to obey local state laws and ordinances. Failure to do so could lead to various negative consequences, which include but are not limited to deportation.

The government provides all the reasons why a person may be denied entry into the United States. The reason does not have to be a criminal reason either. An example of this is a person living outside the United States and is attempting to obtain a Visa from the closest American Embassy. Others may be denied entry once they obtained a temporary visa, are returning from abroad, and are lawful permanent residence, or even a person seeking entry with no documentation at all. These people may be turned away at various point of entries such as airport, seaport, or even a land port.

It is important to distinguish between a United States Citizen, and a lawfully permanent resident. A lawfully permanent resident may be denied entry when coming from abroad back into the United States. It doesn’t matter if it’s this person third, fourth, or even fifth time returning from abroad. They may be denied entry just as easily as a person coming to the country for the first time. An American Citizen is not subject to such scrutiny when returning from abroad.

Furthermore, there may be those who are physically already in the United States but wish to change their status to a more favorable one; for example, a person lawfully in the United States with a student visa wishing to obtain citizenship. These people would need to show that they have “good moral character” before they are granted citizenship.

Good Moral Character must be held for 5 years. To be a person of good moral character, the person must be in good standing with the government. They achieve this by not committing crimes for the 5 years they have been in the country, prior to applying. If a person commits a crime during those 5 years, they may not be found to have good moral character and may be denied naturalization.

Most importantly for those seeking entry into the United State through whichever port of entry is their criminal activity. Even if the petitioner has obtained temporary visa, student visa, etc. may be turned away at the port of entry if the government knows about the petitioner’s criminal conviction; or if they even suspect criminal activity.

This is why it is important to reveal anything that they may believe to be potential grounds of inadmissibility to the consulate when they are first attempting to obtain a visa. At the same time as when they are revealing such information, the petitioner should also try to seek a waiver instead of crossing their fingers and hoping for the best during the admission process.

After April 1, 1997, A legalized permanent resident with a conviction after that date, and who traveled to a different country is treated similar to all other non- American Citizens. So, if there is a criminal record conviction after April 1, 1997 attached to the returning green card holder, they are subject to the same inspections as a non- American Citizen.

They may not lose their citizenship immediately, however their reentry is held in abeyance until a waiver is granted. If the waiver is granted, the green card holder regains their original status.
And Adjustment of Status is the process by which a person attempts to switch their current visa status to a lawful permanent resident or green card.

This process is used by many individuals who wish to change their status from a temporary one to a permanent one. This could be a family member sponsoring another family member, and employer sponsoring an employee, or by some other basis which makes them eligible such as winning the visa lottery.

Such applicants must apply with the proper government agency.
A parolee is a person who enters the United States physically, however is not classified as admitted into the United States. The Government instead legally classifies the person as still “arriving at a port of entry.” IF department of homeland security initiates removal proceedings, the parolee will face charges of inadmissibility, if the person has not been able to change their status to a more permanent one.

Similar to a parolee is a person who enters the country secretly, i.e. a person who crosses the border without inspection. That means the person did not obtain entry through one of the legal points of entry. These people are referred to as “applicants for admission”. If they are placed in removal proceedings, they will be charged as disallowed under the law and may be removed from the country.

What is the difference between deportability and inadmissibility. They are both similar in what they achieve, it just depends at which point the proceedings start. For example, a person is no deportable if they are applying for a visa at an American consulate anywhere around the world. A person is deportable once they are physically in the United States. Also, certain crimes make a person admissible and not deportable, and vice versa.

Finally, we have the expedited removal of persons convicted of crime. This is a hearing that is made to decide if the crime the non-legal immigrant has committed meets the criteria for expedite processing. These hearings may be held in the prison housing the immigrant and be teleconferenced with a judge.

It is the government’s choice if they should invoke expedited removal. If the crime is determined to have met the criteria for removal, the immigrant has the right to seek counsel and request withholding of removal.

EB5- Direct Investment; Be in Charge of your Money and Get a Green Card for you and your family.

One option for those seeking entry into the United States is the EB-5 Direct Investment Visa. This is an attractive option for investors and entrepreneurs because it gives them insight in the way that their investment funds are being used.

This provides peace of mind to the investor because the knowledge of how their investment is being used provides security in knowing that their investment is not being mismanaged. Furthermore, the investor gains valuable experience with the operations and running of a business and allows them the opportunity to develop their business portfolio.

One of the requirements for an EB-5 Direct Investment visa is that the foreign investor be actively engaged in the operations of the business. This means that the investor has to have some sort of power or control over the business, such as to create policies or even manage the business.

The good part about being actively involved is that a government officers is given a greater degree of leeway when determining if the foreign national is fulfilling the active involvement requirement, than other requirements. What the government is more concerned with is that the funds being used in the investment are from a lawful source.

In order to be sure that you meet the requirements for an EB-5 Visa and/ or to properly file a petition, it is advisable to seek legal guidance from a knowledgeable immigration attorney.

How to Obtain US Citizenship through Naturalization:

What is Naturalization? Congress established the Immigration and Nationality Act (INA) which set the requirements that a foreign citizen or national is required to meet before he or she may become a U.S. Citizen. Once the requirements have been met, the US government may grant the foreign citizen or national U.S. Citizenship. To know what and how to meet the requirements set forth by congress, it is often a good idea to seek the advice of an Immigration Attorney.

To apply for naturalization, the petitioner may seek the services of an experienced Immigration Attorney to make sure that package is sent out correctly with all the accurate information in order to prevent any delays.

How do you know if you qualify for Naturalization? Again, it is advised to seek help from an experienced Immigration Attorney in order to make sure that you qualify for Naturalization. Some of the requirements that must be met include but are not limited to establishing permanent residency in the US for at least 5 years and/ or you have qualifying service in the US armed forces. Again, these are only a few examples of how a petitioner may qualify for Naturalization.

Finally, if you are the child of parents that obtained US citizenship before you became 18 years of age, you may already be a citizen and don’t need to apply for naturalization. Your parents could either be biological or adoptive parents. To make sure you fall into this category, it is advised you seek the counsel of an experienced immigration attorney.

How can you be an EB5 Immigrant Investor?

EB-5 Visas are visas created for entrepreneurs that want to come to the United States and bring their family. This is attractive to entrepreneurs because it allows them to continue to do what they have been doing, which is create jobs.

On March 23, 2018, the President signed Public Law 115-141 extending the Regional Center Program through Sep. 30, 2018.

This visa was created to promote economic growth and to reduce unemployment. There is a reason why the capital investment is reduced from $1 million to $500,000 when investing in rural or areas of high unemployment. The government wants these areas to improve and investments brings jobs and improvement. Detroit for example had an unemployment rate of over 25% in 2009. This program is aimed to help reduce the rate of unemployment.

There are a few requirements which can be found on the USCIS website. The first requirement is that the entrepreneur make an investment in a business. The second requirement is that they plan to create or keep a minimum of 10 full time jobs in the USA.

The first requirement is fairly straightforward to accomplish. Basically, the entrepreneur needs to invest into a business in the United States. The entrepreneur does not need to be the only investor. They can join a corporation, partnership, joint venture, or even a sol proprietorship.

One must also consider the location where the entrepreneur wishes to make their investment. Generally, a $1 million minimum investment is required for most areas. However, if the entrepreneur chooses to invest in a rural area, or an area of high unemployment, the minimum capital investment is only $500,000.
The second requirement is also pretty straightforward. The entrepreneur must create or maintain 10 full-time jobs for the business. A full-time job requires a minimum of 35 working hours per week.

This may make certain businesses like fast food restaurants unattractive since the business model for fast food restaurants relies heavily on part time jobs. Regular restaurants however do become attractive. Between the chefs, waiters, and managers, a minimum of 10 full time employees may be easy to keep employed. There are other businesses that may be easier to keep 10 full time employees employed, however like any good entrepreneur knows, proper research on the business is necessary.

Let us discuss which members of the family may join the applicant. The USCIS states that along with the entrepreneur, they may bring their spouse. They may also bring all of their children so long as they are under the age of 21. This makes this Visa a very attractive way for an applicant to bring their immediate family with them.

Once here, what must your family do? Well since this is a conditional visa, every member must obey the laws of the nation as well as local laws. If there are any children that are under 18, they must attend school. If the dependent is over 18, they must either work or attend higher education. Your spouse may work if they choose to, but it is not required.

There are other conditions which must be adhered to as well. There is a minimum number of days you must stay in the country. There is also a maximum number of days that one may spend outside of the country. All of these things should be talked to with a trained attorney that handles immigration cases, just so that in investor stays in compliance with the law.

Answers to US Asylum Questions; what is Withholding of Removal?

Continue reading “Answers to US Asylum Questions; what is Withholding of Removal?”

Who is Qualified to Apply for Asylum in the US?

Q: What would an Asylum Applicant need to prove?
A: An Asylum applicant has the burden of proof to establish either past persecution or well-founded fear of future persecution; whereas the government is either unwilling or unable to protect the applicant from harm or would be part or cause of the persecution.

Q: What are the basis for Asylum Persecution?
A: To establish past or future persecution the applicant may ask for protection from harm because of his race or religion, national origin, his political opinion or membership in a particular social group.

Q: How can we prove the persecution?
A: The notion of persecution has been applied broadly based on specific facts. For instance:
Except when discrimination is shocking, it would not be grounds for persecution. Also, incidents of harassments would not considered to be persecution. In general, financial hardship does not amount to persecution, unless when it would cause a threat to an individual’s life or liberty. Persecution may be physical or psychological specific to a group or an individual, but when it is shared with many , such as civil war, it is not considered persecution.

Failure to attend mandatory military service may not be grounds for asylum, even though a prosecution would follow the refusal, however if enlisting would force the enlistee to harm others specially protected groups, like religious groups or enforce rules that would be against basic notions of humanity ( inhumane conduct); refusal and prosecution thereof may amount to persecution and maybe grounds for asylum.

Persecution for evading laws of certain countries such as Chinese Exit Visa Laws for those who illegally left the country who could possibly face future persecution is not grounds for asylum; because certain laws in other countries shall be respected and obeyed by the citizens of that country; however; severe punishment such as 3-year sentence for evading the visa laws can establish future fear of persecution.

Persecution may be a single act when it’s severe , or maybe periodic which may occur when someone returns periodically to his country. Persecution need not be imminent. Whether it is past or future persecution, persecutions must be evaluated based on totality of events under the circumstances, a single, isolated act in a democratic country may not be considered persecution.

To be persecuted base on political opinion, one does not need to be viewed as part of a political opposition group by a government. The view even need not be classified as political necessarily. If the government views the opinion as controversial or with aspects of controversy. For example believing in Christian faith and Bahai faith would undermine the authority of Iranian Supreme Leader and Islamic clergies; and are viewed as threats to homeland security. Christian, Bahaii or Jewish converts are considered apostates, enemy of God, infidels and high risks of being a traitor. In conclusion, a religious faith other than Shia Islam, especially if embraced by a converter in Iran would be viewed as a threat to Iranian homeland security; and thus an opposition-like political view.

Q: What is the political opinion:
The authorities may not know the exact political opinion and the opinion maybe an “imputed political opinion”. Both political opinion and/or the religious, e.g., Christian faith is not required to be known by the authorities. But it can be assessed as what authorities would potentially view to be the applicants political opinion in similar situations.

For instance, the Islamic Supreme leader in Iran is considered a religious authority, appointed by God’s will who would have authority over people’s life, liberty, finances, etc. Any insubordination or disregarding the authority would make one direct enemy of God, an infidel and subject to confiscation of assets, destruction of societal status, limitation of liberty and deprivation of life.

Q: What constitutes membership in a social group?
Membership in particular social groups may be grounds for seeking asylum for persecution. The courts have defined members of a social group, as those who are unified by certain characteristics; which are not changeable or whereas the members should not be required to change them. The courts are reluctant to accept membership in gangs or criminal groups, whereas they are more receptive to accepting asylum of victims; for example when women are forced to follow certain inhuman laws or stay in a married relationship in their home countries.

Q: What are the high lights of the future persecution?
Past persecution may be an indication of future persecution; unless Department of Homeland Securities attorney can prove that circumstances have changed fundamentally so that past persecution no longer exists. Usually relocation can be a way to escape persecution, but when government is the main reason for past persecution not possible. Past persecution is an indication of future persecution, if government has not changed and relocation is not feasible.

Note: In preparation of the above legal blog, USCIS’s website (https://www.uscis.gov/) and Immigration law text book (Kurzban’s Immigration Law Sourcebook) have been used.