I am a Brazilian citizen who has been residing in the United States since 2005, albeit without legal documentation. During this time, I have been married to a U.S. citizen, but my attempts to regularize my immigration status have been complicated by a prior misrepresentation case. I believe that the EB-5 visa program, being a non-immigrant visa, may offer a potential pathway for my situation. Is it possible to pursue the EB-5 visa in conjunction with a waiver application? If yes, how complicated should I expect it to be?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyEB-5 is an immigrant and not a nonimmigrant case. A waiver through the marriage case is your best option since you have a qualifying relative.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyAny immigrant visa/residence application can be accompanied with a waiver. To be clear, the fact that your residence would be based on EB-5 has no impact on the approvability of the waiver application.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyThe EB-5 process is for an immigrant (green card) visa, not a temporary visa. I recommend speaking to your immigration attorney concerning your options.
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