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Questions and Answers > EB-5 Investments

How can a DACA recipient qualify for an EB-5 Visa?

Is there anyway a DACA recipient would qualify for an EB-5 Visa? Can advanced parole for humanitarian reasons (death of a relative) be used to take care of the consular processing abroad?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    That is one issue - if the DACA applicant earned the money while in status, good. If not, it appears USCIS is issuing denials for working without permission and USCIS alleges the money earned is not clean.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    A lot depends on how old the DACA was when applying for DAVA. Under 18 means no unlawful presence and can consular process without a waiver.