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Can I request my EB-5 case to be adjudicated again if the travel ban is revoked under a new administration?

I am an Iranian national. I filed an EB-5 application before the launch of the travel ban. My case is still pending. It has been very clear to me that even if my I-526 gets approved during this administration, I will be subject to the travel ban and will not be able to get an EB-5 visa from the embassy. However, since this is an executive order, I am hoping that the next administration will revoke it and let EB-5 investors from those countries in. If my visa application is rejected during the current administration, and if the next administration revokes the travel ban, can I request my case to be adjudicated again?

Answers

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Probably. You may be able to get a waiver when the I-526 is approved. Also, our courts may knock out the travel ban.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    That is a possibility. If the regulations change with the new administration, they will most likely issue a policy memo with guidance on how to proceed with those who were subject to the travel ban.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    The I-526 petition (if/when approved) is valid until revoked by USCIS. Consular processing for an immigrant visa abroad is a separate matter within the jurisdiction of U.S. Department of State that applies the travel ban. It is possible that a future administration may remove the ban for certain nationals. However, it is hard to predict future political events at this time. When you receive an I-526 petition, keep the approval notice and apply for an immigrant visa when the political situation changes.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    I would refrain to comment on whether after being rejected you could reapply and be approved under another administration that might have lifted the travel ban by then. If your I-526 petition is approved and the travel ban is still in effect, you should simply wait until the travel ban is lifted and then apply for conditional residency. Otherwise, if you do apply under the current travel ban and get rejected, that would go into your immigration file, which could possibly negatively impact your future attempts.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Probably, yes.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You don't even need to do that. But you may wish to get citizenship somewhere that is not subject to the ban.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is hard to make a prediction under the current scenario whether you can or not. Also, it all depends on the political situation, which may be a period of time between two to six years from now. Take for instance, the current administration will be in the office for at least the next two years. Furthermore, if the administration wins re-election, that is another four years. Unfortunately, if the administration does reconsider its decision between two and six years, there won't be any change of policy. Advisably, discuss with both the attorney and perhaps the regional center you are working with on the best way forward. Lastly, consult your subscription agreement. There may not be any provision to allow your petition to simply remain in a standstill position for years to come.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    Generally, you get one year to act on an approved immigrant petition and seek a visa. By contacting NVC you may be able to make other arrangements. While I-526 will not be re-adjudicated, you can pursue the consular process for the visa, including a waiver application, in order to secure your visa. Admin processing for waivers can take more than one year, and perhaps the travel ban will be a thing of the past by then.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Your I-526 adjudication at USCIS is separate from the visa application at the State Department that applies the travel ban. Thus, if your I-526 is approved, hold that approval notice and when the travel ban is lifted, you should apply for the immigrant visa application at that time. The approved immigrant petition is good until revoked.

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    Charles Foster

    Immigration Attorney
    Answered on

    Iranian nationals who file an EB-5 investor petition for the imposition of a travel ban covering Iranian nationals by the Trump administration have very few options. There is no reason to believe that your EB-5 investor petition on Form I-526 cannot be approved. However, when you apply for your immigrant visa abroad at the appropriate American consulate, your visa will be denied based upon the travel ban. While in theory you can file for a waiver, only a handful of such waivers have been granted in highly unusual situations. It is true that a future administration could very well revoke the travel ban, at which time you could then pursue your immigrant visa application based upon the prior approval of your EB-5 petition from Form I-526.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    I believe that a future administration will pull the travel ban and that the petition will not expire.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The I-526 petition approval (whenever that comes for you) should remain valid for some time. If the ban in overturned, you may be able to use the older approval to move forward with getting your conditional residency. If you do try now and get rejected or denied, that will be part of your immigration history for future attempts.

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