What can't I do to apply for a green card in the United States and schedule it?

The United States is a capitalist country, and many people yearn for American freedom. In fact, Bian Xiao wants to say that American freedom is aimed at people with capital. Bian Xiao wants to say, if you want to immigrate to America, be careful. The American green card is not so easy to get, especially after Trump took office, Sino-US relations became more and more tense, and the trade war felt explosive. Let's take a look at applying for a green card in the United States and what we can't do during the scheduling period.

After Trump took office, he adopted a stricter attitude towards a series of immigration policies. According to the recent policy memorandum issued by the US Immigration Service, the permanent residence status of American green card holders may be affected if they violate certain regulations.

1. Maintain non-immigrant status.

EB-5 applicants and/or their family members as deputy applicants, if they temporarily live in the United States while waiting for EB-5 scheduling, must carefully maintain their non-immigrant status to avoid the consequences of being deported for violating immigration laws.

If the principal and deputy applicants live in the United States as international students, in order to maintain the identity of F 1 and J 1, they need to take enough credits every semester to maintain a good GPA.

International students are not allowed to work without legal permission. You can only apply for jobs permitted by CPT or OPT, or do part-time jobs on campus. International students should pay attention that even unpaid internships or volunteer work will be considered as "work". Therefore, international students should check with the school and immigration lawyer before working to see if this activity is allowed under the student status. It should also be confirmed in advance, as well as changing majors, reducing credits or suspending classes.

If the principal and deputy applicants live in the United States as H- 1B (work visa, H-4 (work visa spouse, L- 1 (administrative work visa, L-2, E- 1, E-2 (investment visa, etc.)), the change of employment status will affect their non-employment.

Changes in employers, workplaces, salaries and/or positions may have some impact on whether immigrant applicants can maintain their status in the United States normally. It is very important for the applicant to confirm any change in employment status with his immigration lawyer in advance to ensure that he can legally stay in the United States.

2. How to deal with crime?

President Trump's executive order and the memorandum implemented by the National Security Agency give priority to foreigners who need to be asked to leave the country: any form of criminal offence; There are unresolved criminal charges, and committing certain acts may lead to criminal charges.

Whether EB-5 investors are arrested in the United States or outside the United States, it is very important to contact immigration lawyers in time to determine the best solution.

At the same time, the principal and deputy applicants should also truthfully disclose all arrests and conflicts with law enforcement agencies to immigration lawyers. Even if the arrest and crime were due to minor violations or occurred a long time ago, not telling the truth about the arrest or crime may lead to the rejection of the immigration application and the beginning of the repatriation procedure.

3. Do not occupy social welfare

The Immigration Bureau may make a judgment of "a person receiving public assistance" when interviewing for a conditional green card immigrant visa and I-829 application. Once investors or family members are identified as "recipients of public relief", it will lead to the rejection and repatriation of immigrant visas or I-829 applications.

The following types of help may cause you to be identified as a "public welfare recipient":

Supplementary social security income as stipulated in Chapter 16 of the Social Security Law

Temporary Relief Plan for Poor Families (TANF Cash Relief) (Part IV A-AFDC Plan of Social Security Law-Inheritance Law)

Cash assistance programs provided by state and local authorities to maintain income levels (often referred to as "general assistance" programs

A plan to ensure long-term medical care for individuals, including Medicaid (such as nursing homes or mental health institutions).

The Trump administration may expand the list of "public welfare recipients" to include those who use Medicaid, Obamacare, food stamps, tax credits or other non-cash government benefits. Therefore, it is suggested that EB-5 investors should try to avoid enjoying these benefits if they do not meet the application conditions before or after obtaining the temporary green card.

According to the current immigration standards, non-cash benefits (except long-term medical care system) are generally not regarded as having the purpose of receiving public relief. These benefits include: Medicaid and other health insurance and health services that do not constitute a long-term medical care system, children's insurance plan, nutrition plan, child care plan, energy assistance, emergency disaster relief, etc.

4. Go to America to have a baby

If the family has plans to have children in the United States while waiting for the green card, the lawyer suggests that the purpose of the visa be truthfully disclosed when submitting the non-immigrant application; And when entering the United States, truthfully disclose the purpose of coming to the United States to the immigration officials (whether the entry is finally approved will be decided by the immigration officials.

In addition, it should be noted that the approved stay time at the time of entry cannot exceed the relevant period stipulated in B 1/B2, otherwise it will lead to overstaying and the rejection of immigrant visas.

5. Registered in public schools as B 1/B2.

No EB-5 investor should allow his children to enter public schools in the United States with a B-type tourist visa, because this may lead to the permanent disqualification of parents from entering the United States.

Because the public school system in the United States is supported by residents' taxes, if you enter school with a B-type tourist visa, it will make the US government think that it occupies public resources, which will eventually lead to the rejection of your immigration application and even a permanent ban on entering the United States.

6. Influence of false statement or fraud

If there is any material misrepresentation or fraud in the visa application process, you will be prohibited from entering the United States as a green card holder or a non-immigrant visa applicant. All visa applications submitted by EB-5 investors or sub-applicants as their family members, including non-immigrant visa applications, shall be true and accurate.

At present, the Immigration Bureau will also search the relevant information of the applicant from the Internet. If the information provided is inconsistent with the application form, it may also lead to rejection. EB-5 investors in the attached table should keep in mind the following matters:

EB-5 investors must truthfully disclose whether they have submitted an I-526 application on any non-immigrant visa, including the DS- 160 application form on the tourist visa.

When EB-5 investors apply for non-immigrant visas, the information they fill in, including the information disclosed in subsequent interviews, should be consistent with the information on I-526.