Although the investment requirement to become a Legal Permanent Resident (LPR) of USA is $1,000,000, there is a provision that, if invested through utilizing that provision, the investment requirement is allowed to be half ($500,000) of the required investment of $1,000,000. This provision is not an indefinite law, in fact, it used to be only for six months and Congress renewed it every 6 month. Recently, due to economic conditions of the USA, Congress renewed this provision for three years, ending at end of 2012.

This special provision is called: investment into a Regional Center. The provision allows the required investment to be in half ($500,000) if it is invested into a Regional Center. A Regional Center is usually a Limited Partnership with project(s) that have been approved by Department of Homeland Security (DHS) to be in areas that are more economically depressed than the rest of that region. When a Foreign National (FN) invests in a Regional Center he/she would be a Limited Partner. That means, he/she would not have any rights to interfere into the decision making of the Regional Center, i.e. he/she would be a passive investor. Currently, there are about 90 Regional Centers in the USA. It is highly advisable for an investor to hire his/her own lawyer to investigate and select the most suitable Regional Center for that investor. Although Regional Centers make a FN believe that they have their own immigration lawyers, a FN should still hire his/her own lawyer. The Regional Center lawyers look after the interests of the Regional Center and would not negotiate the best terms for a FN. A FN’s personal immigration lawyer can find the most suitable Regional Center, negotiate best terms, review documents and contracts, manage the entire process, and provide advice throughout the process to the investor.

Investment of the full $1,000,000 is under the control of the investor and he/she can make, direct, and control the investment in any area that a FN decides to invest. An investor needs to decide whether “control” is more important to him/her or the amount of investment. If “control” is more important, then the investor would probably invest the required $1,000,000. However, if the amount is more important, then the Regional Center investment may be more favorable.

Both kinds of investments allow a FN, his/her spouse, and their children of under 21 and unmarried to immigrate to the USA and become an LPR (obtain Green Card). But a FN must understand that either kind of investment must have the “risk” element. Some FNs think buying a single family home, placing their money in a certificate of deposit (CD), or other low risk financial instruments would allow them to utilize the investment for a Green Card. DHS’ definition of investment for the purpose of obtaining Green Card is that the investment must be at risk. Evidence and documentation must be submitted to DHS that the investment is at risk. A CD or purchase of a single family home is not an acceptable investment with the kind of risk that DHS has defined for this process.

I strongly suggest that a FN investor hire his/her own lawyer for advice, managing the entire process, reviewing contracts, negotiating terms and watching for the investor’s best interest. This lawyer shall have a business background while practicing immigration law. Interview the lawyer and ask what his undergraduate degree was. It is preferred that the undergraduate degree had an emphasis in business, finance, or economics. Make sure the lawyer has experience in business or he/she has practiced contract, corporate, or business/financial transactions.

A lot of Middle Easterners think that they are lower priorities in visa priority to immigrate to the USA. The truth is that they are not. First, the priority system does not work based on nationality. Second, there are only four nations in which visas take longer. Those countries are: China, India, Mexico, and Philippines.

The low priority for these countries is not any discrimination against those nations, but due to their large population there is much more demand from those countries causing an immigrant visa or an employment visa to take longer than people from the rest of the world.

Immigrant visas can be divided into two major categories: Family based visas and Employment based visas. Family based visas are divided into five categories:

Immediate Relatives (IR) of a US Citizen.  IRs are spouses, children under 21years of age and unmarried, and father and mother. For these people visas are always available because there is no cap or quota. If the US Citizen files a petition for his/her IR, the entire process shall go fast and the IR should be able to have his/her visa and travel to US in less than one year.

• First Category. Unmarried sons and daughters of a US Citizen that are 21 years of age or older. At the current time (January 2010) it usually takes about 5 years for these people; except if they are from Mexico or Philippines it would take over 10 years.
• Second Category – A. Spouse and children (under 21) of a Permanent Resident (Green Card holder). This is currently taking about four years for all countries.
• Second Category – B. Unmarried sons and daughter of a Permanent Resident (Green Card holder), 21 or older. This is currently taking over 8 years for all countries, except for Mexico and Philippines that it may take over 12 years.
• Third Category. Married sons and daughters of a US Citizen. This is currently taking 9 years for all countries, except for Mexico and Philippines that it is taking over 16 years.
• Fourth Category. Brothers and sisters of a US Citizen. This is currently taking over 11 years, except for Mexico and Philippines that it is taking over 20 years.

Again, these time frames are based on availability of visa in each of those categories as of January 2010. Sometimes the availability of visa changes because if some visas in one category are not used they would be allocated to a lower category and that number increases for that particular year. Thus, there is a chance that some of these timeframes go faster in a particular year or in a particular category. There is also a possibility that some new regulation or legislation passes in the Congress that changes the number of available visas and make it go faster.

However, it should now be clearer that visa availability and the speed of the process are not a discriminating process against Middle Easterners. In fact, an argument can be made that someone from Iran has the same chance and speed of the process, in the above categories, as someone from UK. The employment based visas have a similar category, and it is not a system against any nationality either.

The only visas that may have felt, by some foreign nationals, as some sort of discrimination against them are probably visiting visas and student visas. However, there are no discriminating measures in those visas either. The law has simply given “discretion,” in these two areas, to a US Consulate officer to extend or deny a visa to a foreign national. In this discretion, a US Consulate officer has to evaluate the possibility and intention of a foreign national in terms of staying in the USA beyond a visit, after completing a study, or just illegally after his/her visa expires. Many people, perhaps more from the Middle East, do not know how best to show evidence and demonstrate that they do not have any intention to stay in the USA permanently and thus their application for a visiting or student visa receives denial and they mistakenly think there might have been a discrimination against their nationality.

For example, a mother and father apply to get a visiting visa to come to USA to visit their son that is now a US Citizen or a Permanent Resident (Green Card holder). These parents do not have any other children. Most probably, their application for visiting visa will be denied because there is large probability that they would stay in the USA; they do not have a strong tie with their home country. Their only child is in USA permanently and they would not have any reason to go back to their home country. But if the same parents show that they have a solid job in their home country and are just taking a vacation to see their son, the possibility of receiving a visiting visa is much higher because the job is a tie with their home country.

Asylum/Refugee areas are misunderstood by many applicants. Most Foreign Nationals (FN) have a memory of how a person walks into a US Embassy and seeks Refugee/Asylum. Although that is very rare these days, more than 98% of Refugee/Asylum applications are not even handled directly with a US Embassy.

An applicant can apply for Asylum/Refugee in any of the following categories, not just political opinion: Race, Religion, Nationality, Membership in a Particular Social Group, and Torture Convention. That means, if an applicant has a credible fear of persecution because of his/her relationship or activities in any of the above categories (including Political Opinion) he/she may apply for Asylum/Refugee.

If an applicant is already in the USA he/she is referred to as an “Asylum” applicant. However, if the person is outside of the USA, then he/she needs to seek a Refugee status. If a person is in the USA and has fear to return to his/her home country he/she needs to consult with an immigration attorney because he/she may be eligible to apply for Asylum.

To obtain a refugee status it has to be pursued through United Nations High Commissioner for Refugees (UNHCR).  This may require for the refugee applicant to be outside of his/her home country. A refugee applicant must consult the UNHCR’s office to understand how this Agency works with regard to that particular country. If UNHCR has an office in your country simply contact them to understand the process. But if there is no UNHCR’s office in your respective country then you either have to go to a neighboring country where UNHCR has an office or find out whether UNHCR may be operating through a foreign embassy in your country. For example, UNHCR may operate through Swiss, Austrian, or other embassies in your country. Also, you need to remember to use different terminology with UNHCR. They refer to you as an “Asylum” seeker while they are determining whether you are eligible for Refugee status. Once they approve your Asylum application then you will be referred to as a refugee.

One has to find out the specific UNHCR process for a particular nationality. UNHCR process is not the same for all applicants. You also need to be prepared that there may be a long wait period to have your interview scheduled with UNHCR, sometimes more than one year. Once you have located the appropriate UNHCR office and found out their process you would have to submit an application (asylum application) to them to be considered as a refugee. You would have to fill out their application, follow their process and submit it to their office. They will contact you for an interview.

In this interview, UNHCR will determine two issues: whether you are eligible to be considered a refugee and where you have a tie to be considered for that country’s refugee program. Thus, be well prepared before going to this interview. First, you want to have sufficient documents and evidence to prove your credible fear of persecution because of one of the above categories. Second, you want to show evidence that you have ties with the USA so you would be considered for refugee programs into the USA.