Lawyer Huang Huili’s legal mailbox (13)

Lawyer Huang Huili’s legal mailbox (13) 1. I heard that the Investment Immigration Regional Center ceased operations on September 30 this year. Is this true? Answer: American EB...

> Lawyer Huang Huili’s legal mailbox (13) 1. I heard that the Investment Immigration Regional Center ceased operations on September 30 this year. Is this true? Answer: The US EB-5 investment immigration requires applicants to invest US$1 million and create 10 full-time jobs within two years after receiving the green card. If the investment is in a high-unemployment area (higher than 50% of the U.S. average unemployment rate), the applicant is only required to invest US$500,000. In addition to opening their own companies and creating 10 job opportunities, many people are currently applying for EB-5 investment immigration by investing 500,000 in the EB-5 regional center project. The EB-5 Regional Center Investment Project will expire on September 30, 2012, but the possibility of extension is very high. However, if the regional center project is not extended, the USCIS will no longer accept new investment immigration applications or amendment requests based on the regional center project after September 30. To apply for investment immigration through the regional center, the investor's I-526 application must be sent to the USCIS before September 30. After the USCIS confirms receipt of the application on time, investors need to wait approximately six to eight months to receive I-526 approval. Even if the regional center project is closed in the future, the EB-5 investment immigration project will still exist, and investors who intend to apply for investment can still obtain a green card by establishing a company or investing in a project in the United States in accordance with relevant regulations. Unless the regional center program is extended, USCIS will put pending regional center I-924 petitions and regional center-related I-526 petitions received before September 30 on hold pending further action by Congress. If Congress does not reauthorize the regional center program, final determinations on these pending applications will depend on evidence of direct job creation. Decisions will be based on evidence that has been submitted for the first application or in response to a request for additional documentation. All pending regional center proposals would also be rejected. If the regional center program is ultimately closed, not only will foreign investors’ immigration applications be negatively affected, but the U.S. economy will also be severely affected. Although the EB-5 regional center program may become permanent in the future through separate legislation or as part of future comprehensive immigration reform legislation, it is currently unknown whether the regional center program can be extended or made permanent. 2． My husband has a green card and has 2 children who are US citizens. We have I130 approval, but I have stayed illegally for 3 years and he failed the citizenship test. When can I apply for exemption? Answer: Immigration laws stipulate that illegal immigrants who enter the United States illegally and stay illegally for more than 180 days or one year will be punished by not being allowed to re-enter for 3 years or 10 years once they leave the country. If they are married to a U.S. citizen or green card holder, they must return to their original country to apply for an immigrant visa. In this way, they risk not being able to return to the United States soon. On March 30, the USCIS proposed a solution, which is to allow relatives of US citizens to submit temporary exemption applications (I-601) in the United States. Eligible relatives are not necessarily the applicants, and extreme hardship must be proved. Any evidence can be submitted to prove the extreme hardship that the spouse or parents of US citizens will encounter if they are denied entry to the United States. The factors may include but are not limited to the following items: Health status: Ongoing physical or mental illness or requiring professional treatment, availability and conditions for treatment abroad, expected duration of medical treatment, chronic or acute, long-term or short-term. Financial aspects: future employment opportunities, expenses for special needs, such as special education or training expenses for children with special needs, expenses for caring for family members (elderly and sick parents). Education: Loss of access to higher education, low-quality or limited range of educational options, disruption of current plans, time-consuming and loss of credits in foreign languages ​​and cultures, availability of special needs, such as training courses or internships in specific fields. Personal factors: close relative in the United States, U.S. birth or naturalization, separation from spouse or children, age of the person concerned, length of residence in the United States and ties to the community. Special factors: close relatives in the United States, U.S. birth or naturalization, personal injury or damage, social ostracism or stigmatization, access (or inability) to support, guidance, or protection from social institutions or structures (official or unofficial). Such applications may be accepted in the near future. Please pay attention to the official website of the USCIS WWW.USCIS.GOV