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How will a previous deportation affect me if I file for an EB-5 visa?

Is it recommended and is it possible to obtain EB-5 approval after a previous deportation for overstay? I lived in the United States for 14 years, and as a refugee claimant who was denied, I eventually left to Canada and had my refugee status approved. I became a Canadian citizen, my waiver was approved, and I traveled to the United States without issue. I no longer need a waiver, so I have traveled freely to the United States for the last three years. I am now considering applying for the EB-5 visa. What are my chances of a getting EB-5 approval?

Answers

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    Answered on

    An attorney can evaluate for you, but it sounds like you should be fine. You may or may not need a waiver for the permanent residency and you will need to be in status to adjust status.

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    Answered on

    Since you no longer need a waiver, then it is unlikely that your prior incident would affect your EB-5.

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    Answered on

    It appears that U.S. immigration no longer classifies you as inadmissible. However, they will carefully check the database before issuing you a green card, so I would recommend you have an experienced attorney review your entire case file to ensure you are legally admissible.

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    Answered on

    More information may be needed here to provide a complete answer, but, if upon being deported, you have departed the country and stayed out for the statutory period, you may be eligible to apply for immigration benefits. Also, as a Canadian citizen, you are able to travel to the United States without a visa, and no need to submit any documents/petition/application for entry to the United States - but when you apply for EB-5/immigrant visa processing, your immigration history (deportation/overstay, etc.) will have to be disclosed and your time abroad will have to also be proven to be able to apply for immigration benefit.

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    Answered on

    There are many potential factors to consider. Contact an experienced investment immigration attorney - they may be able to help you.

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    Answered on

    Thank you for your question. A prior removal order can have a serious impact on any application that is submitted to U.S. Citizenship and Immigration Services.

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