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How can a recent EB-5 applicant get Homestead Exemption?

Our EB-5 case was accepted in July of this year and our Application for Employment Authorization was also accepted. We did not get our temporary resident card yet because of the long processing times. We are living in Florida, we own a condo, and we filed for Homestead Exemption. The tax office did not accept our proof of permanent residency because of the lack of resident card. In fact, we are permanently living in Florida and our kids go to school here. What can we do to still get the Homestead Exemption?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    The services of a real estate attorney and CPA accountant that specializes in tax and this area would be able to answer your questions.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the requirement is you need to be a lawful permanent resident alien, you are not one yet, but most adjustment cases are approved in a few months, provided your number is current. It is only backlogged for Chinese-born. Aren't you filing taxers as a resident alien? Show them your tax return, if you filed already.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is not clear what you mean by EB-5 case. Did you file the adjustment of status application based on the approved I-526 petition? If your filed an adjustment of status application and it is pending with USCIS, you are not a conditional permanent resident until USCIS grants you a conditional permanent residence (two-year green card) by taking an action on your pending case and approving your adjustment of status application. A state may have different requirements to determine the definition of permanent residence within the state for certain benefits, such as qualifying for homestead exemption for property tax purposes. You should consult a tax attorney licensed in Florida to advise you if the local tax office has made a correct decision on your application, review evidence you submitted to determine its sufficiency, and discuss how to resolve your case, such as appealing a denial.

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    Echo Meisheng King

    Immigration Attorney
    Answered on

    "Homestead exemption" is available to property owners who maintain a permanent Florida residency, and the homestead property is their primary place of residence. If you do not possess the legal right to permanently reside in the state of Florida, you cannot declare a Florida property as your permanent residence. If your I-526 was already approved but you have not yet changed your status to lawful permanent resident, then your status in the United States is considered temporary and thus, you are ineligible for "homestead exemption." However, if you have minor U.S. citizen children living with you, you may qualify for the homestead exemption.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You need to consult with a Florida tax attorney regarding this matter, which is not related to federal immigration law.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Most likely you will need your permanent residency to be granted to get this.

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    John J Downey

    Immigration Attorney
    Answered on

    Homestead is on a state by state basis. I am not familiar with the Florida Act. You might try sending a copy of your I-797 acceptance as a conditional permanent resident to them.

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    Russell C Weigel, III

    Securities Attorney
    Answered on

    The residency card is not the only means to demonstrate that you qualify for the homestead tax exemption in Florida. The tax authority in your county should accept other forms of proof, such as * Proof of previous residency outside Florida and date ended * Florida driver license or identification card number * Evidence of giving up driver license from another state * Florida vehicle license plate number * Declaration of domicile and residency date * Name of current employer * Address listed on your last IRS return * Dependent children's school location(s) * Bank statement and checking account mailing address * Proof of payment of utilities at homestead address. If you have submitted as many of the above items as you have possession of and your tax authority continues to deny your request for an exemption, you will need to file a petition with your local value adjustment board to appeal the denial request.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If the case has been approved, but the card has not arrived, you may be able to provide your approval notice. If the case has not been approved, you are not actually a permanent resident yet.

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