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Can Cuban citizens who meet financial EB-5 requirements apply for the program without issue?

I am a Cuban citizen with the financial means to apply for EB-5. Are there any restrictions or extra requirements of me as a Cuban national? What can I expect during the EB-5 process?

Answers

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    To my knowledge, the U.S. has no extra or special requirements for Cuban citizens who wish to apply for the EB-5 visa.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    There are no country-based restrictions to apply for an EB-5 visa for Cuban nationals. If you are a member of a communist party, your case should be carefully evaluated before investing. You must also otherwise qualify for the EB-5 program by having a lawful source of EB-5 capital funds that are traceable. You should hire an experienced EB-5 immigration attorney to represent you.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no special restriction for Cuban nationals applying for EB-5.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is no United States law that specifically bars Cuban citizens from participating in the EB-5 program. Also, you must meet the same requirements which nationals of other countries must meet.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, a Cuban citizen with the financial means may file an EB-5 Investor Petition on Form I-526 and qualify to become a conditional Lawful Permanent Resident. There are no extra requirements for you as a Cuban national other than the fact that there is a provision that excludes former members of the Communist Party under certain conditions. Assuming you were a member of the Communist Party, there are a variety of ways that you can obtain an exemption from such ground of exclusion. Typically, you would make the investment decision and file the EB-5 Investor Petition on Form I-526. Once approved, you would file the appropriate paperwork with the National Visa Center and then you would be scheduled for your final interview at the American Embassy in Havana.

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    Irina Rostova

    Immigration Attorney
    Answered on

    There are no country-specific restrictions in the EB-5 Program. A citizen of any country can apply for an EB-5 visa, as long as they can show the legal source and path of the invested funds.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    I know of no reason why a Cuban citizen cannot obtain an EB-5 approval. The applicant will have to show he or she earned or obtained the money legally, which may be difficult if any of the money came from Cuba. Of course, if the money was earned or sourced in the USA, there should be no problem.

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    Jon Eric Garde

    Immigration Attorney
    Answered on

    So long as Cuban law allows, Cuban citizens will encounter no restrictions over and above any applicant to immigrate to the United States.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    Cuba is restricted under the Office of Foreign Assets Control (OFAC). OFAC is an agency of the U.S. Department of the Treasury, which administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries such as Cuba. A comprehensive review of your sources of funds, banks and assets will need to be reviewed to confirm you are not restricted by OFAC. When it is confirmed that OFAC is not an issue, then you should be able to proceed with the EB-5 case. Seek out counsel experienced in EB-5 and OFAC-related cases.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Cubans are not automatically barred. However, if you are a member of the communist party, that is a ground of inadmissibility. Also, you need to carefully document your source of funds to show how they were lawfully sourced. With competent counsel, the case could be viable.

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