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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28201
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am currently on H1B and pursuing card, I am also actively

Customer Question

Hi , I am currently on H1B and pursuing Green card , I am also actively do trading since few months .But this does not affect any of my regular hours . I get a fixed salary for each month .
I would like to do more day trading , if I am flagged as a pattern day trader (pattern day trader is the one who does more than 3 day trades in 5 business days) , will there be any questions asked during my last stage of the green card processing ? Will there be any problems for day traders in green card processing ?
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Judith replied 5 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Yes, there could be because this turns from casual trading to trading as a profession and it may fall under the category of self-employment rather than passive investor.

You need to be careful. It becomes addictive and you may feel there is no harm since you are working full-time and doing your H1B job as required. However, once something becomes more than casual investing and an occupation USCIS may get wind of it if and when you may be asked to produce your tax returns.

Caution is the word.

I have seen instances with this and different scenarios such as ebay selling and rental income investments found to exceed the casual passive investment and become an issue with regards ***** ***** question of engaging in self-employment.

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 5 months ago.
How would USCIS know that I am actively trading ? Are they related to each other ?
Another thing is I am showing all my losses and profits in tax returns . I am placing all my orders during the lunch time or break time ... Please advise
Expert:  Judith replied 5 months ago.

It doesn't matter when you work the hours. That is irrelevant. It is not an occasional passive investment, it is daily activity which amounts to earning an income from self-employment.

I'm not going to debate the issue with you.

You asked my opinion and I have given it to you. You are free to choose to ignore it. I am conservative and if you were my client I would tell you that you have an entire lifetime to day trade. Don't be taking any risks if living in the US in the future is an important objective.

But the point being it is on your returns and if USCIS ever asks for past returns in adjudicating your adjustment of status and although unusual it does happen, it raises a flag for them to see these schedules and they question the matter because of numerous transactions, not a casual dip into the trading market.

Again, I am not going to tell you what to do. I have told you an issue could develop. You are skilled at playing risks and you will have to choose if this is one of the risks you want to take.

An honest answer to a reasonable question.

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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