Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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...
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: 3 years ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 4 minutes by:
5/22/2015
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,489
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
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?
Ask Your Own Immigration Law Question
Customer reply replied 3 years 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.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 years 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?
Ask Your Own Immigration Law Question
Customer reply replied 3 years 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?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 years 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.
Ask Your Own Immigration Law Question
Customer reply replied 3 years 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?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 years 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.
Ask Your Own Immigration Law Question
Customer reply replied 3 years 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?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 years 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.
Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 years 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!
Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago
Thank you for your kindness and respect. Good luck to you.
Ask Your Own Immigration Law Question
Was this answer helpful?
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,489
112,489 Satisfied Customers
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.

Guillermo Senmartin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

112,489 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
How do you write a brief for Form I-290B? My husband and I
How do you write a brief for Form I-290B? My husband and I received a letter from Immigration stating that our Form I-485 was denied due to the lack of having our medical examination turned in and a t… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,489 satisfied customers
I need a sample of Bonafide marriage exemption letter..I was
I need a sample of Bonafide marriage exemption letter..I was married to US citizen before i was in removal preceding but we got divorced and my first wife has never file any petition with USCIS before… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,489 satisfied customers
I just put on a i45 immigration law, What is this and what
I just put on a i45 immigration law, What is this and what will happen in the meantime with my stay?… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,489 satisfied customers
I filed VAWA and got approved. I am scheduled to have interview
I filed VAWA and got approved. I am scheduled to have interview for adjust status. My husband threatened me that he would reported me to immigration before i filed VAWA, i don't know if he did or not.… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I received an I-797C Notice of Action. Rejection Notice.
I received an I-797C Notice of Action. Rejection Notice. States: Recently, you submitted an application for immigration benefits. That form was submitted with an extra remittance that is not required … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Recently I have received a RFE for my I-485 petition for my
Recently I have received a RFE for my I-485 petition for my birth certificate which was registered Last year May 04,2012. Since I am 1974 born, USCIS considers the birth certificate that I submitted t… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,489 satisfied customers
My EB1a (I-140 and 485 concurrent) was denied and I appealed
My EB1a (I-140 and 485 concurrent) was denied and I appealed the case. My 485 was reopened (online status) and cases were sent to AOS now(online status today). My EB1b was approved yesterday. Question… read more
Expert James
Expert James
Doctoral Degree
12,131 satisfied customers
I just got the approval for I-131 (Travel Document) and I have
I just got the approval for I-131 (Travel Document) and I have the I-485 form in processing. How does the for I-131 form works? Will I receive the form by mail? How long it will take if I got approval… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
We are a family with two children (9, 6) from Hungary, part
We are a family with two children (9, 6) from Hungary, part of the European Union. We decided to apply for an eb5 Visa this summer through a regional center. Our children will go to a private school i… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,489 satisfied customers
I am in US on L1B visa and my son on L2 studing in college,
I am in US on L1B visa and my son on L2 studing in college … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,489 satisfied customers
Ask for Guillermo How are you? Can someone with a E2 visa
Ask for Guillermo Hi, How are you ? Can someone with a E2 visa apply for greencard to the USA?IF so Can they adjust there status in the USA? How long? What are the requirements.… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,489 satisfied customers
What are the minimum requirements for a wealthy Mexican to
What are the minimum requirements for a wealthy Mexican to immigrate to the United States by way of investing?… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,889 satisfied customers
I just tried to get this answered and the lawyer took my
Hi i just tried to get this answered and the lawyer took my money and went off line. Not sure how that all works. Anyway here is my situation. I am the Lead Pastor of a church in both the USA and Aust… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,489 satisfied customers
If some one has lots of money to invest in united states ,
If some one has lots of money to invest in united states , can he get a visa to come and live here?… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,489 satisfied customers
My unmarried 23 years old daughter is visiting me on a tourist
My unmarried 23 years old daughter is visiting me on a tourist visa, she would like to stay here legally, I am a permanent resident for over 5 years and I can apply for a citizenship, but I found out … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
This person has a E-2 visa for a few years already. It included
This person has a E-2 visa for a few years already. It included his wife and his minor child. The visa will expire on July 2013. He wants to apply for an EB 5, immigrant investor Status. Two questions… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,489 satisfied customers
I am a student and a business owner. Im currently on an F-1
I am a student and a business owner. I'm currently on an F-1 visa. Can I apply for a green card?… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,489 satisfied customers
I HAVE INVESTED IN THE REAL ESTATE MARKET IN FLORIDA AND WOULD
I HAVE INVESTED IN THE REAL ESTATE MARKET IN FLORIDA AND WOULD LIKE TO CHANGE MY STATUS FROM VISTOR VISA TO INVESTMENT EB-5 TO OBTAIN THE PERMANENT RESIDENCY. I AM CITIZEN OF THE DOMINICAN REPUBLIC. W… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,489 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x