posted in: EB-5 green card
Will the non-immigrant visa restrictions from Turkey affect EB -5 applicants from Turkey?

We have been getting numerous injuries from our Turkish EB-5 clients regarding the new restrictions on non-immigrant visas at US embassies in Turkey. Our clients are asking question such question as: “Will the new non-immigrant visa restrictions jeopardize my EB-5 application?”  The simple answer is no. The EB-5 green card application is an immigrant visa and the new restrictions at the US Embassies in Turkey are only regarding non-immigrant visas.   Non-immigrant visas are F-1, O-1, B-1, B-2, L1A, H1B, P-1, J-1, E-1, and E-2, which are not being issued at this time. However, EB-5 green cards are being normally processed at the US embassies in Ankara and Istanbul. Another question we have received regarding EB-5 is, “Will there be any problem with the regional center returning EB-5 applicant’s funds back to their personal account in Turkey?” First, there are no present restrictions regarding EB-5 funds being transferred back from the USA to a Turkish bank account.

In addition, after the EB-5 investor has received their green card, they can direct the regional center to transfer their investment funds to any account they may have throughout the world. The EB-5 green card holder can also keep the money in the United States and is under no obligation to move the investment funds back to Turkey. Our Turkish clients are concerned about the deteriorating relationship with the US government and the Turkish government; however, we have reminded our clients that EB-5 applications are still processed for countries such as Iran.   Therefore, regardless of how bad the US-Turkish relations become, the EB-5 investment program for Turkish nationals will always be an avenue in which to obtain a green card relatively quickly for Turkish citizens.

posted in: immigration reform, New Business Immigration Law, New Immigration Law, New York City Immigration Lawyer, Без рубрики
Q: How do I show the EB-5 gift transfer from friend?

A: Eventually your friend needs to wire the money from his personal account to your personal account.

For any money that your friend plans on using from any of his business accounts, we need to see a contract of some type where a transaction occurred showing how he earned that money that is in his bank account.  If possible, we would like to see the contract and if there are any customs or duties tax payments on the contract.  As much documentation as possible showing a contract in which he earned the money.

For example, we want to submit each transaction separately.  We will give you a hypothetical of what we would want to submit to US CIS to show how the EB – 5 gift transfer was earned legally. Contract between shipping company A and shipping company B for the amount of $150,000.  Upon the purchase of four large containers, by shipping company B, which will then wire $150,000 to shipping Company A’s Business account.

The $150,000 earned in this contract was then wired to Mr. X’s Personal bank account.

As you can see in the above example, the EB 5 source of funding needs to be tracked from a legal transaction.  Gifted funds from a friend does not legalize the source of funding.  We need to prove to US CIS how the friend was able to obtain the EB 5 funds through a legal source.

***Andrew P. Johnson, a New York Immigration Lawyer, practices immigration law and has litigated immigration cases throughout the country.  His office handles all immigration issues and problems.  The Law Offices of Andrew P. Johnson has submitted proposed regulations for Congress in order to help streamline the USCIS.  In addition, Andrew P. Johnson, has been invited to speak in front of United States ambassadors and United Nations ambassadors regarding all aspects of immigration law.  The law office can reach for comments regarding Immigration Reform at 212.693.3355 or info@lawapj.com.

posted in: immigration reform, New Business Immigration Law, New Immigration Law, New York City Immigration Lawyer, Без рубрики
These are actual email questions regarding various visas from our clients. (We have protected their identity and privacy).

Q: Can I receive an O-1 visa as a hairstylist?

A: We have done numerous O-1 visas, and USCIS is often much more flexible on this visa than they are with other work visas.  However it comes down to the quality of the recommendation letters.  In addition, secondary evidence such as articles about you, any type of awards or prestigious invitations within your industry, pictures of prestigious salons using your hair styles as advertisements.  (These are just ideas and not mandatory)

So what we would like on our side is for you to write a resume, and list the secondary evidence that you can eventually produce. In addition, the possible recommendation letters you can get, we just need their name their job title, and a couple of sentences which demonstrate that they have some expertise or some influence in the field.

With that we can do in an evaluation regarding the potential success of your O-1 visa case.

***Andrew P. Johnson, a New York Immigration Lawyer, practices immigration law and has litigated immigration cases throughout the country.  His office handles all immigration issues and problems.  The Law Offices of Andrew P. Johnson has submitted proposed regulations for Congress in order to help streamline the USCIS.  In addition, Andrew P. Johnson, has been invited to speak in front of United States ambassadors and United Nations ambassadors regarding all aspects of immigration law.  The law office can reach for comments regarding Immigration Reform at 212.693.3355 or info@lawapj.com.