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Questions and Answers > EB-5 Investments

How does deportation history affect EB-5?

I was deported from the U.S. in 1995 trying to enter through Canada. I used to have a work permit but when I tried to enter in 1995 they refused it and deported me back to Canada through a court order. Now after 19 years I have gathered wealth and would like to apply for the EB-5 visa. Based on my deportation history, would I be eligible for it or not?

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Answers

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    Shahzad Q Qadri

    RC Creator
    Answered on

    We would have to review your deportation orders to determine whether you are eligible or not.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The reason for your deportation should be reviewed and analyzed prior to answering this question. You should consult with an experienced immigration attorney who can review your immigration court record and your immigration history to determine whether or not you are admissible to the United States. In other words, I would have to review your complete file before giving you a definitive answer.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    From what you express, you can indeed qualify for re-entry after deportation. I suggest that you please give me a call.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    My recommendation would be for you to obtain a copy of your immigration file which you can do through a Freedom of Information request in order to be able to familiarize with the case and be able to properly give you advice.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    Typically, once removed from the United States - either under an order of removal from Court or at the border, an individual is not eligible to re-enter the U.S. for 10 years after the removal. The basis of the prior removal is something that needs to be carefully considered in your case, especially if there are any criminal convictions/basis for the prior court ordered removal as there are grounds of removability/deportability that will also make you inadmissible into the United States. You need to consult with an immigration attorney who is also knowledgeable in issues of deportation. Please feel free to call or email me if I can be of assistance.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Normally after 10 years this is not an issue but we would need to review the deportation order and reason for deportation to see if that would affect your ability to immigrate and whether a waiver is required.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Based upon the facts, you may apply for conditional permanent residency. On the assumption the deportation order requires you to be absent from the US for 10 years, you are now 19 years later eligible to apply for residency to be able to enter the US and live permanently in the US.

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    Charles H Kuck

    Immigration Attorney
    Answered on

    The time frame barring your reentry to the U.S. has now passed, so your prior removal will not be a problem, so long as it is disclosed, and so long as there was no prior fraud or misrepresentation, or a prior criminal conviction. Please call to discuss your options, with your specific history.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be eligible, but we would review your history in detail and determine the best approach to your new U.S. immigration process.

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    Stephen Berman

    Immigration Attorney
    Answered on

    An 18 year old deportation will not prevent you from immigrating to the U.S.