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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107593
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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There. My family friend from Asia has asked me to see if I can find out information abo

Customer Question

Hi there. My family friend from Asia has asked me to see if I can find out information about his situation. He is 40, and has a few million dollars invested in commercial real estate in the U.S. already. He would like to come to the U.S. to study English this year, and then eventually apply for an EB-5. We are confused because we can't find a lot of information about going from F-1 status (nonimmigrant) to EB-5 status.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Welcome to JustAnswer! Thank you for requesting me. I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
What is the money invested in? Is he actively involved in the business? Has that investment created 10 full-time jobs for U.S. workers that are not family members?
Customer: replied 1 year ago.
The money is invested in residential and commercial properties in different cities. He wants to come to be able to manage them himself, but at the moment, he does not employ 10+ full time workers. He's wants to come to the U.S. to expand the business to be able to hire 10+ employees.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That's somewhat of a passive investment. It may have to be more active than that. But I thought you said he was already in the U.S. in F-1 student status. Was I mistaken?
Customer: replied 1 year ago.
He is not currently here. He wants to come here this year to study English, and so would be applying for an F-1 visa. If he does that, will it be difficult to apply for an EB-5 visa later on?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok. I ask that you PLEASE not log off without leaving a positive rating using smiley faces or 3 or more stars. This is VERY important and we do not finish just because it says, "To finish...". You may continue to ask additional questions without additional charge on this same thread even after you leave a positive rating.
The difficulty would be the other way around. If he applied for an EB-5 first, he would automatically be denied the F-1. Why? Because for the F-1, he has to have non-immigrant intent meaning the intent to go home when he is done. The EB-5 is immigrant intent, the intent to stay. It is possible to get F-1 first, then later ask for EB-5, but after he asks for EB-5, he will not be able to renew or extend the F-1 status. If denied the EB-5, he could stay on F-1, but he could not extend the F-1 or travel and come back on F-1 because they will already know about his immigrant intent.
So after he gets the F-1 student status and enters the U.S., he can continue to invest in his properties and perhaps create a holding company to handle the business/properties and he can hire someone to run it (he is not allowed to work for it while on F-1) and then grow it to 10 or more full-time jobs for U.S. workers. Once it reaches that, then he can file an I-526 and if that is approved, he can get Residency through the I-485. Here are the links:
http://www.uscis.gov/eb-5
http://www.uscis.gov/i-526
http://www.uscis.gov/i-485
Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That does not help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, "To finish". I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.
Customer: replied 1 year ago.
Will he run into issues because an F-1 is supposed to have the intent to leave, whereas the EB-5 is for an intent to stay? Could you outline the process/timeline beginning with applying for an F-1 visa, so that if he decides to hire an immigration attorney, he can know what to expect?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
If he does the F-1 first and then later the EB-5, he should not run into any problems as long as he doesn't try to extend the F-1 or travel using the F-1 after he starts the EB-5 process. To being the F-1 process, he needs to find a school that will accept him. Here is the link to do that:
http://studyinthestates.dhs.gov/
After the school accepts him, the Designated School Officer (DSO) usually handles everything and usually for free because they are interested in charging him the tuition money and if he doesn't get accepted, then it becomes a problem for them to charge him the tuition money. So usually immigration attorneys don't handle student processes because the schools often do it for free. After he gets the F-1, then he can look for an attorney to do the EB-5. You can find one by going to www.ailalawyer.com.
Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Customer: replied 1 year ago.
My last question for today is regarding a basic outline or timeline of what he might expect for the EB-5 application? When can he apply for that after coming to the US for his F-1 visa? And will the attorney be the one to set up a holding company and hire someone to manage it for him, or is that on his own?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
After he gets the F-1 student visa and enters the U.S., he can immediately begin trying to get his investment to the right amount and the right amount of jobs. He should not apply before that. He should hire the attorney to work on that process after he gets the F-1 student status. The attorney should handle everything after that. The process is taking over 14 months after the I-526 is filed. He will need to maintain his F-1 student status during that time and not travel outside of the U.S. Let me know if you need anything else, but please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Thank you for your kindness and respect. Good luck to you.

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