East Point, GA Immigration Law Firms & Lawyers

Sorry to learn of your father-in-law's illness and him injury. There has never been a program for "buying a home with $500,000 and getting a 'Green Card,'" no such legislation is being considered, and I feel confident there never will be such a law. I presume, however, you instead are referring to an investor visa program where someone may invest $1,000,000 in an enterprise that will employ at least 10 Americans - this program has an exception that allows the investment to be only $500,000 if it is located in certain economically challenged places. The details you mentioned about your husband's order of deportation/removal are less than clear. I suspect there are additional details beyond you inappropriately using Medicaid to pay for a baby's delivery or either you or he having an unpaid hospital bill. One additional note: generally, being in the process of applying for a "Green Card" will not stand in the way of someone lawfully purchasing a home, although the purchase of the home will not trigger any immigration eligibilities or benefits and it may be difficult or impossible to succeed in getting a mortgage loan without first having become a Permanent Resident. There is no substitution for engaging an immigration attorney to carefully review the details about the deportation/removal eight years ago, the investment your husband might consider and other details relating to immigration eligibility, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

The new organization can apply for an H-1B transfer for you at the present and you can work for the company during the time of processing. It will probably receive a Request for Further Evidence (RFE) for the pay stubs, and you can attempt to explain your situation and why you do not have pay stubs from the authorized H-1B employer. If U.S.C.I.S. accepts your explanation, it would grant the transfer assuming that the H-1B petition is approvable. If not, a denial would force you to travel overseas to be visaed at an American consulate or embassy except if you are Canadian. If you already have an H1B visa in the passport, your employer could request consular processing instead of extending in the US, and you could use the H-1B visa with your new employment approval to reenter the country as long as you do not have record of a denial of extending in the country by U.S.C.I.S.    Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is that your felony conviction could be a major problem and you could fall under and the petition denied pursuant to the Adam Walsh Act. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.