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What happens after an EB-5 visa application is rejected?

My I-526 petition was rejected. Will I get in trouble if I now apply for a B1/B2 to visit the United States? When can I apply for EB-5 again? What are the consequences of an EB-5 application being rejected?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Unless there is fraud or misrepresentation on your previously filed I-526, there should not be any negative consequences. If you apply for a tourist visa or any other type of visa that requires a showing of nonimmigrant intent, you may have difficulty obtaining such visa because a visa application will ask whether you filed an immigrant petition (in this case I-526) and you should not misrepresent this information. On the other hand, if you are able to provide evidence of strong ties to your home country to show nonimmigrant intent, it is possible to get a nonimmigrant visa. Visas that do not require a showing of nonimmigrant intent are those such as H or L visas.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Initially, you may have difficulty establishing that you are not an intending immigrant to the United States. A B-1/B-2 visa applicant must demonstrate sufficient ties to his or her home country and must prove to the consular officer that he or she does not have immigrant intent. An I-526 petition is an immigrant petition, so you would have indicated that you do (or did) have immigrant intent when you filed the petition. The visa application asks if you have ever filed an immigrant petition, and you must tell the truth on any visa application. You could try waiting a while after the I-526 rejection before you apply for the new visa. After six months or so, you might try to apply for a B-1/B-2, if you have a legitimate and temporary reason to visit the United States (for business or pleasure) and if you can demonstrate sufficient ties (family, business, economic) to your home country.

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    John J Downey

    Immigration Attorney
    Answered on

    There are no consequences unless you were rejected for falsifying something on your application. You may re-file for EB-5 or any other category you are eligible for.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Since you have a record of applying for an immigrant petition, the consulate officer may not approve you for a non-immigrant visa application, such as B1/B2. However, as long as you show sufficient family, community and financial ties to your home country, you may get the visa. I usually tell my clients to obtain the B1/B2, which is usually valid for 10 years, before they file the I-526 for this very reason. There are really no negative consequences of getting an I-526 denial unless the denial is based on misrepresentation or fraudulent information you made. Depending on why your I-526 was denied, you should consider applying for it again after fixing the problems that USCIS indicated. Please consult an experienced EB-5 attorney so that you do not inadvertently make another mistake that could lead to another denial.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You can probably apply for a visitor visa now, as there is no other process pending. The ability to refile the I-526 would depend on the reason for rejection. Also, it would depend on if it was rejected compared to being denied (those are two different things USCIS can do)

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    All the questions you asked would depend upon the reason given for rejecting your I-526 petition. You need to take the rejection to an EB-5 attorney who can analyze it to determine if you have grounds for appealing the decision and/or what your options may be.

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