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H-1B Visa, dependents and Residency

Author johnbsims3
Admin Male

#1 | Posted: 18 Mar 2013 06:24 
The H-1B Visa is a temporary employment visa, and thus does not qualify an individual for Homestead Exemption. An application must either be a US Citizen, Permanent Resident (green card holder), or have political asylum in the U.S. in order qualify. However, if the applicant's dependent child was born in the U.S. and the child resides with the applicant at the property, then the applicant may qualify for Homestead Exemption regardless immigration status.
http://www.floridahomesteadservices.com

Author johnbsims3
Admin Male

#2 | Posted: 4 Apr 2013 07:53 
PRUCOL ("Person Residing Under Color of Law") is a fancy sounding term created by the federal courts in the Holley v. Lavine case in 1978. As the court explained, the basic concept means "that an alien was residing in the United States with the knowledge and permission, express or implied, of the [USCIS] and that the [USCIS] did not contemplate enforcing his or her departure." Under Florida law, only U.S. citizens, permanent resident aliens, or someone holding PRUCOL status is eligible for a Homestead Exemption. A person in the U.S. with asylum or parole refugee status is considered PRUCOL. If you have completed the I-485 status adjustment application process to become a U.S. permanent resident, please contact us to review your documentation to see if you may also be eligible for PRUCOL status.

A person in the US under an E-, F-, H-, J-, L-, M-, N-, O-, P-, TC- or R-class visa is NOT eligible for Homestead, pursuant to Rule 12D-7.007(3), Florida Administrative Code, as they are all deemed "temporary" visas. A person in the U.S. under "Temporary Protected Status" (TPS) is also not eligible. This is true under Florida law no matter how long you have owned your home and lived/worked in Florida -- and regardless of how many times you are legally able to renew your visa.
http://www.floridahomesteadservices.com

General Postings Florida Homestead Services - Florida Homestead Exemption Act Forum / General Postings /
H-1B Visa, dependents and Residency
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