Published on and the Epoch Times on December 18, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

Earning Rental Income on H1B Visa

Can I earn income from rental properties if I subcontract a property management firm to handle the day to day activities such as collecting rent, finding tenants, maintenance etc? I am currently on H1B visa with I-140 approved.

Mr. Lee answers:

The situation that you describe may or may not be considered unlawful employment. On the one hand, you could argue that it is a passive investment as you employ a property management firm to handle the relevant duties and responsibilities associated with the rental of properties. On the other hand, the fact that you have multiple rental properties might indicate to a U.S.C.I.S. officer that you are more than a passive investor. Arguments cut both ways on this type of arrangement. The question of what you should do depend upon whether you are willing to take the risk that U.S.C.I.S. will not buy your argument. Since this would mostly be an issue in the adjustment of status to permanent residence context, which is the last part of your immigration case, a denial of an I-485 application to adjust investment will likely leave you the option of changing the final situs of your immigration to an interview with an American Embassy or Consulate in your home country. 

Q&A 2.

Filing to Remove Conditions

I was arrested in New York twice and now to file for removal of conditions I need to submit dispositions. I called the queens and king county clerks respectively where I was arrested for dispositions but no one has been answering the phone calls for over 2 weeks. I don't know what to do. I have photocopies of those dispositions should I just send those?

Mr. Lee answers:

U.S.C.I.S. officers almost uniformly wish original certified dispositions of criminal offenses. If you are in another state and cannot go down to the courthouse yourself and require dispositions in a short time period, you may wish to contact a local attorney in New York who can obtain the dispositions for you. 

Q&A 3.

Spouse Petition Question

Can a US citizen that owed child support in Puerto Rico, has a past criminal record and was on welfare on 2005, 2006, 2007, 2008, 2013, 2014 make a petition for spouse?

Mr. Lee answers:

Your ability to sponsor may depend on a couple of factors. A criminal record involving domestic violence or child abuse will bar you from sponsorship if discovered. In addition, a criminal record may cause an immigration examiner to look harder at the bona fides of the marriage even if the crime is not one that bars sponsorship. The other issue of your being on welfare for so many years means that you will most probably not be able to show the ability to financially support your spouse for immigration purposes. To overcome that, you would have to have a credible cosponsor take up the support obligation. 


Q&A 4.

DACA Renewal

I'm in the process of renewing my DACA. I entered the USA for the first time in 94 with a visa. My second entry was in 01 without inspection. On my first application for DACA I put that information. My question is, on the renewal of the I-765 should I just put that my first entry was on 94 with visa? or should I put the same information that I put on my first application that was in 01 without inspection?

Mr. Lee answers:

I do not advise actions which involve unethical behavior. Was there a particular reason why you filled out your first application for DACA with the wrong information? If there is a valid reason for having done so, e.g. confusion in filling out the form, perhaps your action could be explained in that way. I do note that a DACA application is deniable for any falsehoods made in the application. 



Copyright © 2003-2017 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.


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