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How is eligibility for EB-5 determined?

Hello, I was deported from the U.S. in 1995 trying to enter through Canada. Previously I used to have a work permit but when I tried to enter in 1995 they refused it and deported me through a court order. Now after 18 years I have gathered wealth and would like to apply for EB-5 visa. Would I be eligible to have it or not?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Your deportation order will determine your admissibility to the United States. A thorough examination will determine which plan of action would be best for you.

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    Lei Jiang

    Immigration Attorney
    Answered on

    You need to consult an immigration attorney for admissibility issue. Without detailed information on your deportation, I cannot provide advice.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    We would need to review your deportation papers to determine whether you are eligible to re-enter the U.S.. There are many factors that play into it.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Most likely, your bar to entry can be overcome. I would recommend seeking competent legal advice.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It will be necessary for you to consult an immigration attorney who will need to review your previous immigration history and the court order in connection with your removal. Eligibility for EB-5 visa is independent from the issues of inadmissibility to the U.S. depending on your particular facts and circumstances. An immigration attorney should be able to advise you if a waiver may be necessary and whether you are eligible for EB-5 program. Please do not hesitate to contact our office should you have further questions.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The first part of the EB-5 qualification is your investment and establishing that the money was earned lawfully and the project meets the definition of a commercial enterprise likely to create ten new jobs from your investment. After the I-526 is approved, then the immigrant visa portion for you is begun. We would need to review the deportation order and your immigration history since then, i.e. have you remained outside the U.S. continuously since that date, and criminal record, etc. to determine if a waiver is necessary to go along with the immigrant visa paperwork. Contact us if you would like to discuss the details of your case.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You might be eligible, but you would need to consult with an experienced immigration attorney regarding your previous immigration history, including your removal. You may need a waiver or an advance permission to reapply after removal depending upon the particular facts and circumstances in your case.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The deportation order will define your period of removal from the U.S.. In addition we would have to analyze the grounds of the deportation and determine if the grounds are a permanent bar from your ability to obtain permanent residency of the U.S.

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    Kenneth Byrd

    Immigration Attorney
    Answered on

    This depends on the reason you were deported. Please call us directly to discuss. Many criminal removal reasons make a person inadmissible for any visa, including an EB-5 visa.

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    Michael A Harris

    Immigration Attorney
    Answered on

    You might be eligible. But before you seek to apply you should have a memorandum of law prepared that analyzes any potential inadmissibility. If this is your only brush with the immigration court system and you do not have any other inadmissible offenses or reasons to believe that they affect your lawful source of funds, then this issue would be considered at the immigrant visa processing stage. IV processing will occur only after your EB-5 is approved. Hence you should seek counsel for a full and confidential review of your immigration past history.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Unless your deportation was based on aggravated felony conviction record, you are now eligible to apply for immigrant visa by asking for 212 waiver along with your visa application. Thus, if you wish to pursue the EB-5 route, please consult an experienced immigration attorney so that he/she could advise you of each step you should take and avoid any pitfalls.

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    Bill Travis Klein

    Immigration Attorney
    Answered on

    You may be eligible but if you have been deported, certain waivers applications may be required to be submitted with the paperwork. You should consult with an Immigration Attorney who can review the details of your situation, advise you on your options and help you with the legal paper work.

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    Angeline Chen

    Immigration Attorney
    Answered on

    This is a very complicated issue, it will require reviewing the documents from removal proceedings and learning more about your background. You should definitely retain an immigration attorney to research this issue.

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    Rachel Lew

    Immigration Attorney
    Answered on

    The eligibility and immigration admissibility are two different issues. It means that you can be eligible for EB-5 immigration benefits, but may be denied entry to the U.S. if you are deemed inadmissible to enter into the U.S.. Your facts do not state what work permit you were granted before 1995 and the reason why the immigration court ordered you to be deported. Perhaps you have overstayed your previous non-immigrant status or have knowingly or willfully made misrepresentations to immigration officers to obtain an immigration benefit or benefit under INA. These are both grounds to deny you inadmissibility into the U.S. even after you are approved for EB-5 immigration benefits. You will need to consult an U.S. immigration attorney to determine whether your set of facts qualify you to apply a Waiver of Ground of Inadmissibility when you apply for EB-5 immigration benefits.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    A motion can be made to permit you to re-enter the United States notwithstanding the deportation. I suggest that we speak further.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    As with many legal issues, especially immigration, the short answer is, it depends. For you, the answer mainly depends on the circumstances of your deportation, bars for re-entry, and any other issues that would be discussed with a qualified U.S. Immigration attorney such as those at our law firm.

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    Karen Weinstock

    Immigration Attorney
    Answered on

    It may be more advisable for you to apply for a project that would allow you a temporary visa first rather than go straight to permanent residence. You should contact an attorney regarding your options.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Probably you would be eligible for EB-5. But what was the reason for the deportation? If it was fraud or misrepresentation, that would be a problem.

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