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How can asylum applicants apply for EB-5 visas?

I am an asylum applicant who is interested in the EB-5 visa. I have been waiting three years for my interview and was finally referred to court. Am I eligible for other visa types, such as EB-5?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no direct conflict or statutory bar for asylum applicants to apply for EB-5 immigrant investor processing; however, in order for you to process for adjustment of status in the U.S., you will need to show proper maintenance of status.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    There are multiple complex issues involved in your question and cannot be answered competently as part of the forum, such as whether you maintained a non-immigrant status, whether you ever worked without authorization to allow for adjustment of status to a green card holder or whether you accrued unlawful presence of 180 days or more (which may trigger a three- or 10-year bar if you were to depart the U.S. to consular process for an immigrant visa abroad upon approval of I-526 petition). Consult an experienced immigration attorney to discuss the specifics with him or her.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Yes, you could seek permanent residency as an EB-5 investor. You need a consultation appointment with an immigration attorney who handles EB-5 cases.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I am not too familiar with asylum (business immigration has been my focus), but I believe asylum results in permanent residency, yes? If so, no reason to stop pursuing that, but there is nothing stopping anyone from filing multiple immigrant petitions and then pursuing the green card after one is approved. However, in the asylum case, the issue would be how you actually get the green card, which you would definitely need an immigration attorney to help with.

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    Phuong Le

    Immigration Attorney
    Answered on

    Generally, you are not precluded from applying for EB-5 just because you've applied for asylum as long as you independently qualify for EB-5 as well.

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    Sarah Xiao Qian Mu

    Immigration Attorney
    Answered on

    You can apply for EB-5, but at the time of adjustment, there will be issues. Need to know more information about your background to counsel.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Not unless you have maintained a non-immigrant status or applied for asylum before you went out of status. You would need to consular process, though.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There are two issues. First, if you worked without permission, USCIS may allege your money was not lawfully earned. Second, if you have been unlawfully present for more than 180 days, you are not only unable to adjust status, but you will trigger a three- or even 10-year bar to re-entry when you leave for your green card interview abroad. The key issue is whether you are in status when your asylum application was filed, and if you have engaged in even one day of unauthorized employment. If you worked without permission, you will trigger unlawful presence even though your asylum application was filed when you were in status.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can apply for EB-5 if you can meet the requirements. Advisably, consult an EB-5 attorney.

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    Charles Foster

    Immigration Attorney
    Answered on

    While you are an applicant for asylum in the United States you may file an EB-5 investor petition on Form I-526. Upon approval, the legal question would be whether or not you have maintained your status in the U.S. for purposes of applying for adjustment of status. Assuming that you have not, the mere fact that you have filed for asylum likely will be insufficient and thus, you would have to apply for your immigrant visa abroad. However, if you are deemed to have accrued more than one year of unauthorized presence in the U.S., you would be subject to a 10-year bar or prohibition from re-entering the U.S. You may not be deemed to accrue unlawful presence while your asylum application is pending if you have not worked without authorization. Thus, in your particular case there may be some limited advantages in filing an EB-5 investor petition.

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