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How do I decide between EB-5 and the Diversity Visa Lottery?

I want to register for the Diversity Visa Lottery and I also want to apply for a green card through EB-5. Can I be registered for both of these U.S. immigration programs at the same time? Which program would I get a visa from first? If so, and I win the lottery, how much money would I lose if I cancelled my EB-5 application?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Based upon the security offering documents you sign for your investment in an EB-5 regional center project, once you make the investment you may not be able to withdraw the investment.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may apply for both. The DV Lottery is a game of chance and it has specific limitations as to when and within what time you may actually obtain an immigrant visa or apply for adjustment of status (if in the United States in another lawful immigration status). There are no guarantees of success with the DV Lottery. The EB-5 program has a high rate of success assuming you are qualified and able to demonstrate lawful source of funds. It directly leads to U.S. permanent residence and subsequently U.S. citizenship.

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    John J Downey

    Immigration Attorney
    Answered on

    Yes, you may apply for both of them. Since the lottery is just that - a lottery - I have no idea which one is faster. If you win the lottery, you would probably process the green card faster than an EB-5. As to how much money you would lose it depends on the investment vehicle you choose. If your money is held in escrow and there is a clause to let you withdraw, your loss would be minimal. It all depends on the documentation provided by the investment.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You may register for both.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    The law does not prohibit you from seeking a green card under two different application processes. Any question of a refund should be discussed with your attorney and clearly outlined in a written agreement between you and the regional center.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    One is a lottery with less than one percent chance and the other has about 90 percent approval - do both.

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