Published on Lawyers.com and the Epoch Times on October 7, 2016
Q & A.
Can I Get a Visa From the U.S. Consulate If I Buy Land in the U.S.?
As an overseas buyer could you please provide me with some answers. If as a non US Citizen I can buy land then will the deeds to the property be accepted at the time of the visa application to move to the US in place of a bank statement showing sufficient funds. The purpose of buying land would be for investment purposes and also to build a house to live in.
Mr. Lee answers:
There was a bill a few years ago to allow people who bought residential properties in the U. S. to live on a quasi-permanent status in this country, but it did not pass. Your buying of a property for investment and to build a house to live in would not be conducive to your obtaining a visa from a U. S. Consulate. I believe that you would probably only be applying for a visiting visa, which requires a showing of nonimmigrant intent. No other visa appears to fit your plans.
Green Card Category
I have 10+ years of experience in IT and my employer is willing to file for a Green Card. I am on H1B visa right now in USA. I am leading people from past 4 years. Is it possible for my employee to file my Green Card in EB1 category?
Mr. Lee answers:
I gather that you are interested in the EB-1A category for extraordinary aliens. That would require much more than what you have detailed about your qualifications in your question. To even consider you under this category, you would have to substantiate criteria in 3 areas such as national or internationally recognized prizes or awards, membership in associations in the field which require outstanding achievements for you to join, published material about you in professional or major trade publications or other major media, evidence of your participation as a judge of the work of others, proof of your original scientific contribution of major significance in your field, evidence of your scholarship of scholarly articles in the field in professional or major trade publications or other major media, proof that you have performed in a leading or critical role for an organization that has a distinguished reputation, evidence of you commanding a high salary or other significantly high remuneration in relation to others in your field.
Substitute Sponsor Vs. Revalidation of Priority Date
My mom, an USC, filed I-130 for my sister in 2001. In 2009, USCIS, informed her that the petition was approved and was sent to the NV. We never heard anything from the NVC. My mom passed away in 2011. In March 2015 I contacted the NVC and requested about the case. They told me that they never received the approval notice. Then I contacted the USCIS and they told me they will and finally they sent the approval to the NVC. The NVC asking for documents and fees. My question: Should I become the substitute sponsor or make a petition and ask the NVC to revalidate the priority date which is Oct 2009?
Mr. Lee answers:
At this time, the I-130 approval is automatically revoked through the passing away of your mother. If you make a new petition, you cannot retrieve the priority date of October 2009. You also cannot automatically step in to the status of your mother to be a substitute sponsor. As the case is at the NVC, I assume that your sister is not in the country. To legally keep the October 2009 date, you or the closest other relative to your mother would have to notify NVC of your mother’s passing away and ask to have the case continue under humanitarian reinstatement. Eventually you would have to put together all the paperwork to convince U.S.C.I.S. that your sister should be able to immigrate for humanitarian reasons. I note that U.S.C.I.S. does not have a processing time chart for humanitarian reinstatement cases, and the time for the agency to decide can be long, e.g. well over one year.