December 18, 2017 at 11:13 pm #137949
I saw an application form (state form 44176 (R13/9-17)) for licensure as a real estate broker in Indiana. In one part it is asked: whether you are a “US citizen” or a “qualifeid alien”. Does it mean that I am not allowed to be a broker even if I am “legally present alien” with a 10-year tourist visa in the US? Could you please help me about it? This information is verty important for me.
ShebnemDecember 18, 2017 at 11:19 pm #138803
The term “qualified alien” is defined under U.S. Code 8 U.S.C. § 1641. I am not a lawyer, but it seems to me that in order to be legally considered a qualified alien you will need to meet the following criteria :
For purposes of this chapter, the term “qualified alien” means an alien who, at the time the alien applies for, receives, or attempts to receive a Federal public benefit, is–
an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act [ 8 U.S.C.A. § 1101 et seq. ],
an alien who is granted asylum under section 208 of such Act [ 8 U.S.C.A. § 1158 ],
a refugee who is admitted to the United States under section 207 of such Act [ 8 U.S.C.A. § 1157 ],
an alien who is paroled into the United States under section 212(d)(5) of such Act [ 8 U.S.C.A. § 1182(d)(5) ] for a period of at least 1 year,
an alien whose deportation is being withheld under section 243(h) of such Act [ 8 U.S.C. 1253 ] (as in effect immediately before the effective date of section 307 of division C of Public Law 104-208 ) or section 241(b)(3) of such Act [ 8 U.S.C. 1231(b)(3) ] (as amended by section 305(a) of division C of Public Law 104-208 ),
an alien who is granted conditional entry pursuant to section 203(a)(7) of such Act [ 8 U.S.C. 1153(a)(7) ] as in effect prior to April 1, 1980; [FN1] or
an alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980).
You can read the full code here: http://codes.findlaw.com/us/title-8-aliens-and-nationality/8-usc-sect-1641.html
If you’re still in doubt, reach out to the Indiana real estate commissio to confirm: https://www.in.gov/pla/real.htm
Best of luck.