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I have a question on passive income while under a TN visa.

I have a question...

I have a question on passive income while under a TN visa

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

Currently on TN Visas, have a H1B petition on consular processing that has not yet been "activated"

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The passive income here would be small timeshare renting

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Answered in 1 hour by:
3/11/2018
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,876
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

As long as the time share rental is done by the timeshare management or a time share rental company you may get the passive income from the rental.

What USCIS looks at is not the investment but whether you have to actively provide a service to earn the income off of the investment.

Most people with time shares list them with the timeshare or other similar rental company and they do all the work for you of finding the renter and collecting fees. You the just sit back and collect your share.

This is permissible as a passive investment, no different from earning capital gains from stocks or interest off of a money market, as example.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Customer reply replied 4 months ago
Thank you, that's very clear! It's indeed trough a rental company.Do you know if there's something USCIS would be looking for on the tax return. I just want to make I report everything as it should be. The rental company has already sent me a 1099 misc form.Thank you!
Mathieu

Hi Mathieu

No but you can send a letter of explanation along with a copy of your rental company agreement and the 1099.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,876
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Customer reply replied 4 months ago
Would the letter be with the tax return or future visa applications/extensions?
Customer reply replied 4 months ago
The rental company does most of the work but I still had to do the actual booking of the reservation. Would this still qualify as passive income ?
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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).

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