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
Julia Roussinova
Immigration AttorneysIt is possible you may apply for EB-5 but you need to analyze possible unlawful presence issues with an experienced immigration attorney first.
A Olusanjo Omoniyi
Immigration AttorneysYes, 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.
Daniel A Zeft
Immigration AttorneysYes, you could proceed with the EB-5 process from your home country.
Salvatore Picataggio
Immigration AttorneysStep 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).
BoBi Ahn
Immigration AttorneysThere 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.
Bernard P Wolfsdorf
Immigration AttorneysYou 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.
Lynne Feldman
Immigration AttorneysYour unlawful presence, if any, in the U.S would need to be analyzed.
Jinhee Wilde
Immigration AttorneysI 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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