Hey all, I'm asking this question on behalf of a friend. A little backstory first, so all the data is on the table:
My friend (Well, girlfriend, honestly), I'll call her Olivia, moved from China to the US about 3.5 years ago under Investment Immigrant status. Desoite the Investment Immigrant status, she has little to no financial support from her parents (Who are quite wealthy) nor has she ever outside of the plane ticket to the US (and a round trip ticket back for her older sisters wedding last winter) She lives with her cousin and earns her keep there by doing housework and acting as the family barber for her extended family.
She pays for her own education right now at a nearby college, and discovered her passion for animation. She pays for these classes out of pocket using the money her cousin and parents give her for her services. She's almost achieved a certificate in animation as of now, and the problem she faces is that her parents want her to return home and marry some guy who does business with her father. She wants none of that, but her family gave her the ultimatum of "Do it or we'll throw you out" (Her cousin is firmly on her parents side of things)
She's very distraught over all of this, as she really loves animation and wants to transfer to a proper university to continue her education. Her family is having none of that. If she were to be cut off and kicked out, she'd essentially be stranded here in the US with no proper citizenship and no money. We've already planned ahead as far as obtaining her US citizenship (she takes the test this summer) and she speaks english well enough to be understood, but the problem right now is paying for her continuing education. I simply cannot subsidize us both as I am taking a full load of courses for an EE degree on top of having my hours constantly in flux at my place of work.
So my question is, where would one look if they were a foreigner looking for financial aid? Can she start claiming the same financial I, a native US citizen, use as soon as she gets her citizenship approved? Can she apply for financial aid right now?
Will her investor immigrant status cause any problems in the search for financial aid? (While her parents are very wealthy, she's never really had any benefit from that. She was dumped off on her grandparents at age 4 and didn't really see her parents at all until they decided to use her as a bargaining chip in her fathers business arrangements)
We're both a bit desperate, as she has made it clear that she doesn't want anything to do with her parents anymore, and especially doesn't want to live in China or be essentially sold off for a business deal. I don't know enough about how her current US living status works right now to possibly offer any advice or help, and I honestly do not know where to go for help either, on this matter. Any advice anyone could possibly give is highly appreciated!
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Status as an immigrant or status as a genetic relative of people with money?
Yet the first step for her would be to get a green card after being here on that visa status. Then she could become a naturalized citizen. If she was a naturalized citizen shed have access to the same govt subsidies for educational debt as anyone else.
Art schools are more or less 100% bottom line oriented though, as they almost never have the endowment to pay for broke people. Maybe a Parsons or a RISD would.
Yeah, that was my first thought and we've been sorting it out.
That goes a long way towards assuaging my worries, thank you!
as a follow up question, would you happen to know if financial aid looks at just the applicants fiscal status or do they look at your entire family's status in regards to awarding money?
That's seems pretty re-assuring to me. She takes her citizenship test this summer, so she'll get access to said govt subsidies, yes?
Yes, but she needs a lawyer immediately, especially if her visa and fast-tracked citizenship is dependant on her foreigner with money status, and that status is tied to her parents.
You missed the whole part where I said you are misapprehending something, because the path to citizenship, in very broad terms, would be immigration visa -> permanent residency (green card) -> naturalization.
You generally need 5 years as a permanent resident before you can naturalize, so, unless there is a different regime for investment visas (which is possible and why you want her to have her very own attorney) there is no way she is taking her citizenship test 3.5 years after she came stateside.
So, you are wrong about something. Either her current immigration status, what she is taking a "test" for, or something else. I don't know. I don't want to know, I want you to have her find her own lawyer. Presumably her parents have provided her one, but that will probably go away when/if she is cut off.
Naturalization is not an automatic process. It requires advocacy and careful thinking to avoid screwing anything up. She needs her own attorney to guide her through the process.
edit: or, in the alternative, just post here when she gets deported so we can tell future advice seekers to be more careful
Non-citizen status. Sorry, should've clarified.
Oh, naturalization is something separate from citizenship? Well shit. Her parents do not and have not provided diddly squat outside of the plane tickets. I'm not going to hold my breath waiting on an immigration lawyer who works pro bono either.
Why must this process be such a bureaucratic nightmare?
I appreciate the advice given so far, though, it's painting a clearer picture.
I'm going to go out on a limb here and ask if you or anyone else here has gone through US immigration or knows someone who has and might clue me in as to the exact process of attaining US citizenship?
There are probably websites and forums dedicated to providing information about this sort of thing. It may turn out that your best option is a K-1 visa or some such, but even that may require her to leave and come back, and also you'd have to, you know, get married, and I don't know if you're that into her.
A lawyer is just so very definitely your best option here. It's worth looking into finding one who will give you a consultation, at least.
Becoming a permanent resident via green card is different than citizenship. I am not sure how someone could skip the green card step, as you have described, but I don't know anything about th investment visa program. I refuse to believe her parents brought in $1m of investments stateside without retaining a lawyer to help with the visa application and the actual investment . So there is a lawyer somewhere. Also, who got her the investment visa?
Yes. An immigration attorney can do that for you you. It's not usually a "nightmare", but it is complex by necessity of our immigration laws and it is why you want to consult with an expert. Any attorney who would try to counsel you over a message board would be committing malpractice.
I am left even more mystified as to what exactly she is doing if her parents have not provided her anything. You can't articulate what it is she has done or what she intends to do. So the picture is in no way clearer and you should immediately seek the advice of an immigration attorney.
There are plenty of pro bono orgs that do immigration work, but no guarantee she could get access to pro bono services.
What she should do is at least use those.orgs to get a referral to somebody who is both good and affordable.
I am not sure why you think you are entitled to have a lawyer work for you for free, but if she wants to stay in the country this is worth paying for.
Also, an investment visa is only good for two years, apparently?
Regardless, kaliyama's advice is always good. She needs a lawyer.
And to answer your original question:
http://studentaid.ed.gov/eligibility/non-us-citizens
just like a student visa becomes invalid if you don't attend school and a work visa becomes worthless if you lose your job and don't get hired somewhere else before the deadline to leave passes, an investment visa is worth less than the paper it's printed on if you can't meet the terms, i.e invest a shit ton of money in your name. if she's breaking with her parents, she doesn't have the moral right to their million dollar investment, and even if she does manage to legally keep it under her name, investments by nature tend to require additional capital to manage. expensive lawyer's fees at the very least.
it's simplest to get married, be independent and move on with a life of your/her own.