If my EB-5 visa gets rejected, but my B-1/B-2 visa, which I obtained before my EB-5 application, is valid for several more years, can I use my B-2 visa to enter the US? How will the rejected EB-5 application affect my traveling and entry processes?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf only the petition is rejected and there is no fraud, you should be eligible to enter the US. But caution - the filing of the option shows immigrant intent, so you need to show you do not plan to stay.
Benjamin Hu
Find an EB-5 Visa Lawyer: Immigration AttorneyIf the EB-5 petition was denied for grounds that are unique to the EB-5, such as a failure to create the intended 10 jobs, then a denial should not adversely affect the B-1/B-2 travel visa. If the EB-5 petition was denied for grounds relating to the petitioner''s own moral character, then the grounds could also be applied to other visas. One example might be: if the EB-5 was denied due to a finding that the investor had misappropriated illegal funds to make the EB-5 investment. As always, it is a good idea to consult with experienced immigration counsel whenever a significant change occurs in your US immigration outlook.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyIt depends on the reason for the rejection.
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