By tf-lawyer.com A Chinese tenant, who prefers to go by the name Xiao Dong, has found himself in a difficult predicament after his attempt to return to the United States was thwarted by visa complications. This unexpected situation left his luxury Maserati parked and unused for years, prompting his landlord, Tina, to take on the unique responsibility of regularly driving the vehicle to keep it operational.
In early 2022, Xiao Dong, who had been residing in Arcadia and running an import-export car business, embarked on a short trip to Mexico with the hopes of re-entering the U.S. on a valid tourist visa. Unfortunately, he faced rejection at the Mexican border, as customs officials determined that his business activities in the U.S. went beyond the allowances of a tourist visa. After this setback, he continued to live outside the country, all while making payments on the Maserati he purchased in June 2021 with a $40,000 loan.
Tina shared that Xiao Dong’s sudden departure left a lot of his personal belongings behind. With plans to return, he sought legal advice in an effort to sort out his immigration status, but after a lengthy year-long legal battle, the court ultimately decided he could not re-enter the U.S. for five years. This left Tina in a bind as she took on the responsibility of driving the car periodically, making sure to prevent battery problems and keep up with necessary maintenance.
Despite being unable to access his vehicle, Xiao Dong maintained a financial commitment to the Maserati, having made a down payment of $7,000 along with monthly installments. By July of this year, however, he fell behind on payments, accumulating over $17,000 in debt, which raised the possibility of the bank repossessing the car. Additionally, Tina had to handle the annual registration fees and utility costs associated with the vehicle, using part of the security deposit retained from Xiao Dong to cover shipping expenses for his belongings and the car’s upkeep.
Tina mentioned that she hadn’t rented out the room since Xiao Dong’s departure, holding onto his lease based on his assurance that he would return. However, she noted that if his loan payments ceased completely, she too would eventually have to stop managing the car if it were repossessed.
Discussing the intricacies of Xiao Dong’s situation, immigration attorney Liu Longzhu explained that while foreign nationals can establish businesses in the U.S., they are prohibited from working in those businesses unless they possess the correct visas. The nuanced distinction between investment and employment clearly played a significant role in Xiao Dong’s case, illustrating a gray area within the existing immigration regulations.
