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How can I apply for EB-5 with a pending asylum case?

I have an asylum application pending but recently I returned to my home country for the funeral of my father. This has likely hurt my asylum case and my ability to return to the U.S. Can I try to apply for an EB-5 visa at this point?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is possible you may apply for EB-5 but you need to analyze possible unlawful presence issues with an experienced immigration attorney first.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, it fairly accurate to conclude that the asylum application is likely to be denied, as it is increasingly looking that it will be treated as abandoned. With regards to EB-5, you can apply, but, before proceeding any further, consult an immigration attorney to review your current immigration standing and plan.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Yes, you could proceed with the EB-5 process from your home country.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes, you can.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    I would suggest that you withdraw your asylum case before filing the EB-5 case. With the great deal of assets you have, that would allow you to file an EB-5. And the fact that you were able to travel back to your home country without suffering any harm, USCIS, under this administration, could likely attribute fraudulent intent or misrepresentation on your asylum case. Any fraudulent intent or misrepresentation findings could forever bar you from any other immigration benefits.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Your unlawful presence, if any, in the U.S would need to be analyzed.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You might be eligible, but if you have unlawful presence there may be issues relating to unlawful presence that will require you to process the immigrant visa abroad. Definitely worth exploring with a specialist who understands unlawful presence bars.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no restriction on processing for EB-5 while there is a pending asylum case, provided there is no fraud finding, etc. which would bar you from immigration processing.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Step one (the I-526 petition) may not be an issue, but you will likely need help once you get to step two (applying for the green card).

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