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How can I remove myself from the immigration “blacklist” so I can apply for an EB-5 visa?

: I am a Chinese migration agent interested in applying for an EB-5 visa so I may immigrate to the United States. However, ten years ago, my L-1 visa was revoked and I was placed onto a “blacklist” by the U.S. The reason for this is not directly my fault—one of my clients forged a visa document, which resulted in our both of our visas being revoked. I thought since this happened so long ago, I might now apply for an EB-5 visa. However, when I visited the Embassy, they told me I was on the “blacklist” and that I need to pursue a Visa Waiver in order to be removed from it. How should I go about doing this?

Answers

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Yes, a waiver is what you need. Engage an attorney (very likely not an EB-5 attorney, but an immigration attorney experienced in litigation and waivers) to assist you with a waiver. Perhaps apply for an NIV waiver first.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You will need a fraud waiver at the final stage of your EB-5 case.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    There is no such thing as a "blacklist." Rather, if you have had prior violations of the Immigration & Nationality Act or other concerns, you may be deemed inadmissible to the United States as a result. You may or may not be eligible for a waiver of inadmissibility, depending on the underlying circumstances. It is best that you discuss further with competent immigration counsel, who handles EB-5 and Consular Processing matters.

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