+1-800-997-1228
Questions & Answers

How would an EB-5 application affect approval of a pending asylum application?

A couple has applied for asylum and is waiting for the interview schedule. Do they have to cancel their application for asylum if they also apply for an EB-5 visa? How would an EB-5 visa application affect the chances of approval of a pending asylum application and vice versa?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    I-526 may be filed separately. However, there may be complex issues with misrepresentation on an asylum application or other issues such as unlawful presence in the United States. Please consult an experienced immigration attorney to discuss your case prior to filing for a different immigration benefit.

  • Avatar

    Lei Jiang

    Immigration Attorney
    Answered on

    Well I have never had an asylum seeker asking about EB-5. In general, anyone can file different petitions, but these two are very different and I will not advise clients to file both.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    One should not affect the other. Each case will be adjudicated on its own merits. The end result of the asylum case, if approved, will be the opportunity to apply for lawful permanent resident status after one year, while the end result of the EB-5 case, if approved, will be a conditional lawful permanent resident status, valid for two years, after which you must apply to remove the condition. Also, if one case is denied, assuming no fraud or other serious ineligibility for a green card, it should not affect the other.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    You can file multiple immigrant petitions and whichever one is approved you can rely on the approved petition to then apply for the conditional permanent residency visa.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    Please note that asylum application is for those who are fleeing their own country because they are being persecuted for religious, political and other reasons as set forth in the statute. If you have enough funds of $500,000 or $ 1 million, and have the freedom to get that much money out of your country to be able to do an EB-5, then I have to ask how legitimate your asylum application may be. If you had not been truthful about the fear for your life if you return back home when making the asylum application, then such misrepresentation in an application for immigration benefit may cause a problem. Please consider what you are doing and why you are doing something when considering immigration options and consult with an experienced immigration attorney so that one option you pursue does not trip you up in another option.

  • Avatar

    Philip H Teplen

    Immigration Attorney
    Answered on

    An EB-5 and asylum are totally different applications and should not conflict with each other; however, issues of unlawful status can be of serious issue in completing the EB-5. You need to consult with experienced counsel.

  • Avatar

    Vaughan de Kirby

    Immigration Attorney
    Answered on

    There are too many complex factors to consider. This must be discussed with their counsel -both asylum and EB-5.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The application for asylum is different from an EB-5 visa application. The couple needs not cancel one application for the other. Also, the EB-5 visa application will not have any effect on whether the asylum application is approved or not and vice versa. However, if one of the applications is granted, the other application should be withdrawn. Advisably, consult an EB-5 attorney on this matter just to ensure you are on the right track.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    They can be pursued concurrently.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The I-526 could probably be filed without issue, but if it is approved and the couple plans to adjust or apply with the U.S. consulate for the conditional permanent residency, any pending or former processes with USCIS would become very relevant. Retaining immigration counsel with experience in EB-5 processes is very important to any potential applicant.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    You are not required to do anything with the asylum. If you are granted adjustment of status, you may wish to notify the asylum office of that fact.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.