Cross-posted at lexcannabis.net On February 9, 2021 I received an e-mail from the California Bureau of Cannabis Control. According to this e-mail, refugees and asylum seekers “who apply for licensure by the Bureau of Cannabis Control may seek an expedited licensure process.” In an apparent attempt to help, the State of California may be unwittingly… Read More
The proceeds of an unsecured loan are “cash” for EB-5 purposes, but that doesn’t necessarily mean that the investor’s capital was lawfully obtained or placed at risk
Foreign nationals may obtain a green card if they invest the required amount of capital in a new commercial enterprise that will create ten full-time permanent jobs for U.S. citizens or permanent residents (INA § 203(b)(5); 8 USC § 1153(b)(5)). To “invest” means to “contribute capital” (in exchange for equity rather than a promise for… Read More
New US Travel Restrictions
On January 12, 2021 the Center for Disease Control issued a new order restricting air travel to the United States. Beginning on January 26, 2021, all passengers on flights entering the United States must present a negative COVID test prior to boarding their flight. The test must be conducted within 3 days prior to departure.… Read More
Client account of the naturalization ceremony during 2020 pandemic
As of mid-September 2020 naturalization interviews and ceremonies were proceeding at the USCIS field office in Seattle with social distancing and COVID-19 protocols in place. Unlike previous accounts of the final step of the naturalization process, this naturalization interview and ceremony followed a different procedures to mitigate the risk of COVID-19 transmission. Like so many… Read More
Tracking Down Tax Transcripts
Many green card petitions will require at least one tax tax transcript at some point in the process. For example, most sponsors on an Affidavit of Support must submit their tax transcript for the most recent year, and should be prepared to submit their transcripts for the most recent three years (unless exempt from filing… Read More
Failure to declare imported items may lead to USD $5,000 fine
Before October 2018 I had not yet seen a customs penalty case. Since then, inquiries about customs penalty cases have increased to approximately one every two months. At ports of entry, Customs and Border Protection (“CBP”) is asking visitors and U.S. citizens about goods that they are importing or have imported to the United States.… Read More
Phone searches when entering the U.S.
On December 3, 2018 the Office of the Inspector General (OIG) published the findings of its audit of U.S. Customs and Border Protections’ searches of electronic devices at U.S. ports of entry. The OIG found that officers were inadequately supervised to ensure that searches were properly documented. As a result, the OIG further found that… Read More
COMMENTS ON PROPOSED PUBLIC CHARGE RULE – 83 FR 51114
USCIS’s proposed public charge rule violates the Due Process and Equal Protection clauses of the Fourteenth Amendment as applied to spouses of U.S. citizens. Additionally, the proposed rule exceeds USCIS’s statutory authority when applied outside the context of applications for visas, admission, or adjustment of status. Lastly USCIS has made analytical errors in studying this… Read More
Put this in your pipe and smoke it – U.S. Customs and Border Protection answers questions about Canadian cannabis users and investors seeking entry
U.S. Customs and Border Protection held a press conference today to explain its position on the admissibility of Canadians who use cannabis after it becomes legal for recreational use in Canada. According to CBP, its enforcement policies will not change in response to this change in Canadian law. As to investments in Canadian marijuana enterprises,… Read More
SEC files complaint against Joel Burstein for conduct related to the Jay Peak EB-5 Fraud
On September 6, 2018 the SEC filed a complaint against Joel Burstein for conduct related to a fraudulent scheme connected to an EB-5 regional center. The SEC alleges that Mr. Burstein aided and abetted fraud “in connection with the purchase or sale” of securities, and aided and abetted fraud in the offer or sale of… Read More