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What happens if my EB-5 consular is denied?

What happens if my Consular is denied? Will I still have a chance at getting green card? I would like to be prepared for the interview.

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Denial of consular interview translates to the fact that there is an issue of inadmissibility into the United States. The denial will not allow you to get a green card.

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    Dawn M Lurie

    Immigration Attorney
    Answered on

    Generally an interview at a U.S. Consulate abroad is required to determine your eligibility for an immigrant visa to the United States. This takes place after an immigrant petition, in the case of EB-5 an I-526, is approved for you. If you have serious criminal issues, pose a national security threat, have significantly overstayed your previous stay in the U.S. or have certain health problems (along with a laundry list of other items that could render one inadmissible to the U.S.) then you should speak to an immigration attorney before applying for your visa. While not often the case, it is worth noting the Consulate may also look behind the I-526 approval, including reviewing source of funds matters, if the thought is there was a misrepresentation made. While certain consulate denials are subject to appeal or review by the USCIS, practically speaking it is very difficult to obtain residency after a visa denial.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    This depends on the reason for the denial, if it is an admissibility issue you will need to discuss the particulars with immigration counsel. If you have not already addressed this with the attorney who prepared and assisted you with the process, I would recommend reaching out to them to discuss.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    If the question is what happens if the Consular denies your visa- the answer is that you will not get your green card.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    If your EB-5 is denied at the consulate, the consular official needs to give you an explanation for the denial. Usually, once your I-526 is approved, the consular official should only be asking you questions about your admissibility into the U.S. and nothing related to the I-526. If you have any other questions, please do not hesitate to contact me.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If the investment was made and your I-526 was approved, there is really no reason why a Consulate officer should deny your Immigrant visa (green card) unless there is some criminal or security issues that make you inadmissible.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    If you are denied during your consular interview, you have some kind of admissibility and won''t be able to receive legal permanent residency. Talk to an experienced immigration attorney about your case.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If the U.S. embassy or consulate finds that you are ineligible for an immigrant visa, they must give you a written decision with the reason and a citation to the law or regulation on which the decision is based. In some cases, a reconsideration and reversal of such a decision may be appropriate. You should consult with an experienced EB-5 attorney in this matter.

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    Rachel Lew

    Immigration Attorney
    Answered on

    You should be familiar with the EB-5 project in your I-526 petition and the consular officers will examine the following issues from your background check: a. misrepresentation to U.S. immigration and consulates b. past criminality c. serious illness d. security risk to U.S. e. human right violations f. other immigration law violations, such as previous overstay on your non-immigrant visas while in U.S. If you do not have these issues, you should do fine at the interview.

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    Karen Weinstock

    Immigration Attorney
    Answered on

    You will only be denied if you are inadmissible or the consular officer suspects fraud. You should contact an attorney to prepare you for the interview.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    If the visa is denied at the consulate, then most likely you will not receive the Green Card unless the department of state believes there''s an error in the decision.

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    Stephen Berman

    Immigration Attorney
    Answered on

    While there is no right to an appeal, one can seek an advisory opinion, or file for declaratory relief at the U.S. District Court.

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