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What options does the EB-5 program give me after my non-immigrant visa has been revoked?

I have traveled to the United States with B-1/B-2 visa twice. The third time, I traveled with the same visa but had it revoked under the Decree 22 CFR 41.22. I want to participate in the EB-5 Program to obtain lawful permanent resident status through the investment in a U.S. NCE. How will having my visa revoked affect my ability to participate in the EB-5 program?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    As you apply for conditional residency, you will have to disclose your immigration history (even the bad stuff). Working with an immigration attorney will help you properly prepare for this step.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Under these circumstances, retain an experienced EB-5 immigration attorney. An analysis of the reasons for revoking the B visa is required. One needs to determine the grounds of inadmissibility and, if there are such grounds, what would be the waivers available to overcome the grounds of inadmissibility. The EB-5 petition can be filed whether you are in the U.S. or not. Once the EB-5 petition is approved, you can then apply for conditional permanent residency.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It will be important to know why it was revoked. I recommend consulting an experienced immigration attorney to review your specific situation and advise you whether you should now proceed to file for an EB-5 visa.

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    Charles Foster

    Immigration Attorney
    Answered on

    Having your visa revoked will not affect your ability to qualify for Lawful Permanent Residency. It is simply a determination that you are no longer deemed to be a bona fide visitor to the United States, provided they did not determine you had committed fraud. Otherwise, the sooner you file your EB-5 petition on Form I-526, the sooner you will become eligible to apply for an immigrant visa once your I-526 petition is approved (assuming visa numbers are available, which is true for all nationalities other than for individuals born in China).

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    I believe you actually meant 22 CFR 41.122 (which governs revocation) and not 22 CFR 41.22 (which governs visa for foreign government officials). Well, with regards to your question on revocation, whether you should participate in EB-5 program or not depends on a host of reasons. Advisably, before starting your EB-5 petition, you should talk to an EB-5 attorney and reveal all information relating to the revocation of your previous visa. The ground(s) for the revocation will certainly resurface at any time during your EB-5 process and must be fully addressed. Otherwise, it may come back as a stumbling block when trying to secure a visa to enter the United Statesassuming your EB-5 petition is approved by the USCIS.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It should not affect your participation unless revoked for fraud but this will limit your travel while it is pending. You will need to go to the Consulate to get your immigrant visa.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    For a definitive answer, you should consult an Investment Immigration Attorney to review all the facts surrounding your visa revocation. Do not give up on your goal, but do consult with an Investment Immigration Attorney to see what strategy can help you in your unique situation. Make certain the attorney fully understands the facts and can give you a definitive answer and strategy.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    I believe you are referring to 22 CFR *122 (not 22 CFR 22). The answer would depend on the reason for the revocation. If it was for immigrant intent, then you should be able to proceed with the EB-5 processing. Without further detail, it is difficult to state with any certainty.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    We would need to see the reason why it was revoked. If they felt you were entering as an immigrant and you revoked under 212(a)(7), that can come with or without a 5-year bar. If you were revoked and they found misrepresentation, that would be more serious. You need to check if you are still eligible for an H-1B work visa or company transfer visa, as those are dual-intent visas. Read the revocation notice; it has the specific information you need.

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