Episode Transcript
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SPEAKER_00 (00:00):
Welcome to Global
Investment Voice, your premier
podcast for diving deep into theWe'll be right back.
(00:33):
Welcome back, everyone.
SPEAKER_01 (01:01):
We recently posted a
comprehensive podcast on travel
issues.
Rebecca, you know that lastrecording we did, we did discuss
issues relating to green cardholders, but somehow or another,
it must have got lost becausewe've had all these requests for
us to repeat that.
SPEAKER_02 (01:19):
I know, Mona.
I think it was a bit ofinformation overload.
Yeah.
But like you said, by populardemand, I think this podcast,
we're going to solely focus onissues relating to those who are
legal permanent residents, alsoknown as the green card holders,
who are looking to enter the USunder the Trump administration.
SPEAKER_01 (01:37):
Yeah.
You know, what is reallysurprising are the worthy
requests, because I don'tremember ever having received so
many comments on a podcast.
And you know, this issue was thetopic of the day.
back in early April when it wasfirst happening and first being
recorded by all the press.
Do you think it's still there?
SPEAKER_02 (01:56):
Yes, now we're in,
this is June.
We're going to see more andmore, I think, because it's
summer.
I think everybody's going towant to enter the US.
A lot of people go away for thewinter months.
So I think we will see moreissues relating to green card
holders trying to come back intothe US at this point.
SPEAKER_01 (02:14):
Yeah, well, it is
disturbing because a lot of
people say, well, I'm a greencard holder.
Why am I even being questioned?
And I think folks should knowthat there are several reasons
why someone with a green cardcan be detained at the airport.
And most of those really aren'tpertinent to everyone.
I mean, they include reasonssuch as you've committed a
(02:34):
felony or a serious crimeoutside of the US, you're a
threat to public safety, you'rearriving without applying for
asylum, or you've recently beendeported The issue relating to a
green card holder is only one,that the individual abandoned
their lawful permanent residencestatus.
Now, a lot of people listeningare going to say, well, I
(02:56):
haven't abandoned it.
Simona,
SPEAKER_02 (02:58):
what does it
actually mean that you're
abandoning your green card?
Like, who are they targeting atthis point?
SPEAKER_01 (03:03):
I know it's a A
phrase that you wouldn't expect.
If you thought that you hadabandoned your green card, it
means that you've gone and livedabroad for years or something.
But no, that's not who they'retargeting.
Who they're actually targetingare people who use a green card
as a multi-entry visa ratherthan as US being your primary
(03:24):
residence.
SPEAKER_02 (03:25):
Yeah.
You know, in the past, a lot ofpeople, we got a lot of
questions on how long do I haveto stay in the U.S.?
And we used to say, look, youdon't need to stay for any given
time period.
You just need to enter every sixmonths.
That's it once you get yourgreen card, that is.
Once you're a citizen, it'sdifferent.
Exactly.
SPEAKER_01 (03:42):
Yeah.
SPEAKER_02 (03:43):
So you have to meet
requirements as a green card
holder.
But it was lax before the Trumpadministration.
You can come in every sixmonths, stay for two weeks, and
come back in every so often.
But it seems like, as you said,Mona, it's not supposed to be
used as a multi-entry visa.
SPEAKER_01 (03:59):
I know.
And it's really not fair whenyou're thinking about EB-5
holders, for example, becausethe I-829 can take many years.
And as we are seeing, there areissues which are now
materializing with I-829s.
And if you're actually movingover to the U.S., causing U.S.
to be a residence, you know,what do you do?
SPEAKER_02 (04:22):
Yeah, Manu, you
know, so there are a lot of
investors that we've spoken toor in clients that where the
parents are filing for theirchildren and wanting to bring
the entire family, but it ishard for them or the main
applicant at times to, you know,leave their jobs right away or,
you know, there are consequencesof Like for instance, tax
consequences of leaving andmoving to the US right away.
(04:45):
So there are those types
SPEAKER_01 (04:47):
of issues.
Yeah.
I mean, that is the issue.
That is the point of the EB-5because one EB-5 covers your
whole family.
So if you have three or fourchildren and parents have no
intention of moving over forsome years, then what do you do?
Do you do five separate EB-5s ifyour children are doing it or if
they're young?
That doesn't make any sense.
You do one application and youwait until you're approved and
(05:11):
then you come over.
That should be the essence.
SPEAKER_02 (05:14):
Yeah.
So, well, for those who areabroad and who are doing
consular processing, you can, ina way...
focus on if you know have anapproval then it gets to the
consulate there is a year periodthat you have before you do
apply for the green card so youcan stagger and kind of have an
idea of when you want to moveover and then once you get the
(05:36):
visa to come over you have sixmonths as well so it gives you
time to recollect and gatheryour you know your job and your
intentions of moving over at thesame time too though we've also
advised that maybe one parentfile versus both parent We have
a
SPEAKER_01 (05:52):
number of clients
who have actually just have done
that.
But Rebecca, let's give ourlisteners some advice.
What would you advise if theywanted to come over and they're
only coming over maybe a visitonce or twice or three or four
times a year?
What do you advise?
What should we do?
What should they do rather?
SPEAKER_02 (06:14):
Well, for those who
do have the green card, we do
advise that you do need to saywhen you enter the U.S.
that you do reside in the U.S.
If you say anywhere else, thenthey think you have abandoned
the green card.
What do you mean?
I mean, we ask this upon entry?
Yes.
We've had clients that have beenasked, where's your residence?
And so you have to say the U.S.
(06:35):
because if you say somethingelse and they start to question,
well, you have a green card tothe U.S., isn't this supposed to
be your permanent residence?
So that's the first advice Iwould say is to make sure that
you say the U.S.
when you
SPEAKER_01 (06:46):
enter.
So you say the right thing tothe officer at the entry.
Okay.
SPEAKER_02 (06:51):
Yes.
And so with that, that comesalong with, okay, if you reside
in the U.S., do you have alease?
Yes.
Do you have ownership of aproperty?
You mean proof that you residein the U.S., okay.
Exactly.
So that would be then the secondstep.
And then in addition to that,Mona, you know, we always advise
that you file your taxes.
True, but Rebecca, go
SPEAKER_01 (07:10):
back for a second.
Say you don't own property andyou don't have a lease in your
name, then what would you do?
What's your suggestion?
To get a lease from a friend?
You can, yes.
I
SPEAKER_02 (07:25):
don't know if USCIS
wants to hear that though.
UNKNOWN (07:30):
Okay.
SPEAKER_02 (07:30):
But yeah, there are
ways that you can have a
permanent resident in the US.
And then, especially if it'syour first entry, you can say
that you're staying with familyuntil you are able to get
permanent residence.
So there are ways when you'refirst entering the US.
SPEAKER_01 (07:46):
Yeah.
Well, and then you jump to taxreturns.
And I think, honestly, Rebecca,that is the crux.
I think what this administrationis trying to do is, again, make
sure people don't use theirgreen card as a multi-entry visa
and that they are actuallyliving in the US and spending in
the US and paying taxes.
SPEAKER_02 (08:04):
Yes.
So a lot of times I know wediscuss that, you know, you fire
taxes in the U.S.
So it is based on worldwideincome.
And so the U.S.
wants to ensure that if you'recoming, especially those from
the Middle East, if you're notpaying taxes in the Middle East,
that you are paying taxes in theU.S.
I think the entire promise, too,on making sure you're a
permanent resident of the U.S.
(08:24):
and having property or you'restaying and living here is that
you're spending in the economyas well.
SPEAKER_01 (08:30):
Right.
SPEAKER_02 (08:31):
Right.
SPEAKER_01 (08:31):
Right, right,
SPEAKER_02 (08:32):
right.
SPEAKER_01 (08:32):
Yeah, I mean, at the
end of the day, he's trying to
increase capital.
We have seen this in othercountries where people have
citizenship and they've boughtproperties and that property is
vacant.
It doesn't help the economy.
Yeah,
SPEAKER_02 (08:48):
yeah.
So, you know, Mona, we'vealso...
Advise our clients to ensure youhave bank statements to show
that you have a bank accountopened in the U.S.
Do you have funds?
Exactly.
And credit cards are alsoimportant.
Do you have a credit card forthe U.S.?
But Mona, I want to take it backbecause we're saying provide all
these documents, but how do Iprovide these documents?
(09:09):
Is there an issue with bringinga phone and showing your phone?
during this administration or doI bring paper copies?
Yes.
As
SPEAKER_01 (09:18):
we did mention
earlier, we would avoid you
taking these out and givingelectronic stuff.
Please don't use your laptop.
Please go the old-fashioned way.
Print everything out.
And just bring a dossier ifanybody wants to know whether
this is your residence.
Yeah.
Here, here's a copy of my creditcard statement.
Here's a copy of my tax returns.
(09:40):
Here's a photocopy of my lease.
SPEAKER_02 (09:42):
Yeah.
So I would advise the same, justnot to have your phone around
because they can take that andscroll through it.
And if there's anything in therethat is not, you know,
administration friendly.
And we've said that, you know,we say phone hygiene, and that
(10:03):
means making sure that they'reable to, through social media,
make sure that, you know, it'ssomething that this
administration would be happy tosee.
I
SPEAKER_01 (10:11):
like that phrase,
non-Trump administration
friendly.
Okay, so two more issues.
Number one, what if, A, youreally are not coming into the
country for this period of time,you have a job which is not
allowing you, you have residencyin a Well, for that, there is
(10:31):
the
SPEAKER_02 (10:38):
re-entry permit.
It's good for up to two years.
So you can stay out of thecountry for two years once that
is approved.
There are some downfalls to thatthough, Mona?
Yeah.
Yeah.
So the issue with that is thatyou have to apply for the
reentry permit while you're inthe United States.
(10:59):
So you have to come in and havethe application sent off to
USCIS while you're in the U.S.
So that's one issue.
I know a lot of clients have,you know, it's hard for them to
come traveling back and forth.
And then you also have to waitfor biometrics.
But can't you do this onlinenow?
It's all sent online now.
Yeah, so not only do you have tobe in the U.S.
to apply for the reentry permit,the issue then becomes how long
(11:23):
do you have to stay for thebiometrics appointment?
Now, for biometrics, you have togo to a USCIS field office to
get your fingerprints done andyour picture taken.
And that could take anywherefrom two to four weeks.
Actually, sometimes we've seenup to six to eight weeks.
So that becomes an issue, too,with clients.
We've had clients who have takenthe chance that might come in,
(11:43):
apply for the re-entry permit,leave for that time period and
then come back in.
But we always advise if you canstay, just get everything
finished and then you can goback and then your approval will
come via the consulate.
SPEAKER_01 (11:58):
So at least you
don't have to stay.
How easy is it to change yourbiometrics appointment?
Can your attorney or someone notchange it?
That's a bit difficult.
SPEAKER_02 (12:06):
You can, but then
you're kind of prolonging the
adjudication of your reentrypermit.
And then if you don't getapproved for the reentry permit,
and you've been out for longerthan six months, let's say it
takes eight months to getapproved.
Yeah, it can cause some issues.
So it is a good way.
And I mean, knock on wood, wehaven't had any reentry permits
denied.
(12:26):
But you have to have reasons asto why you cannot enter the US
and you have to stay outside forthat period of time.
SPEAKER_01 (12:32):
Thank you.
Okay, so one other issue that wehad a request to answer, and I
do believe we did cover this,but here we are again.
How can you avoid, if you arenot sure and you're a little
worried and you certainly don'twant to be detained, Is there
any other way to avoid?
And one of the other ways toavoid such a situation is to do
(12:55):
your processing outside of theU.S.
There are certain airports thatyou can process your admission,
and these include Dublin inIreland, Abu Dhabi in the UAE,
and I believe in Germany also.
And Barbados.
Barbados, I think you can alsoprocess also.
SPEAKER_02 (13:13):
Yes, good advice,
Mona, because there are some
terrible airports when you'reentering the U.S., so...
Those airports we always advisenot to come through would be
LAX, which is Los Angeles, JFKin New York, and Miami Airport
in Florida.
Yeah, those are notoriously theworst.
(13:34):
Yes, yes.
But I think everyone hascomplained.
And of course, this is on anairport in the US, but not to
come through Toronto Pearson.
SPEAKER_01 (13:42):
Oh, yes.
And that's another place whereyou can do your processing in
Canada, of course.
Yes, yeah.
And I think it's important forpeople to understand why If you
are denied entry, for example,you'll be denied entry, you just
go home if you go to one ofthese airports.
And if you are denied entry inthe United States, right now you
would be detained and you may beforced to abandon your green
(14:04):
card, which is not what you wantto do.
At that point, you
SPEAKER_02 (14:08):
know, you want to be
sure you do have your lawyer on
standby and then going to beable to show as much as you can
that you're not abandoned yourlegal permanent residence.
SPEAKER_01 (14:17):
Right.
But I don't want to over-alarmpeople.
They should just be aware thatthese are the issues and the
type of people who are beingtargeted.
And the vast majority do comethrough without any problems.
Oh,
SPEAKER_02 (14:31):
100%.
I think if you answer thequestions correctly, don't be
afraid.
I think a lot of people get abit nervous and that kind of,
you know, makes the officerthink a bit more.
But I think if you follow theadvice given, you know, paper
printouts show that you arepermanently residing in the US,
I think there shouldn't be anyissues.
Thank you, Rebecca.
(14:52):
And thank
SPEAKER_01 (14:53):
you to everyone.
SPEAKER_02 (14:53):
Always a pleasure.
SPEAKER_00 (14:56):
And that's a wrap on
today's episode And until next
(15:32):
time, keep investing smart andliving well with Global
Investment Voice.
We'll see you on the nextepisode.