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Questions and Answers > EB-5 Investments

How will it impact future visa applications if my visa was revoked due to EB-5 fraud?

Someone had their visa revoked back in 2016 because their lawyer provided inconsistent information to USCIS and it was deemed as fraud. What option do they have in terms of reapplying for a tourist visa? What impact does it have on them if they were to be sponsored for a green card by an American citizen in the future?

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Answers

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Visa revocations cause serious future issues, particularly if based on fraud.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the individual has been found to have committed visa fraud, they are banned for life unless they are eligible for a fraud waiver.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    As long as you weren''t accused of being part of the fraud, it shouldn''t matter in the future. I presume you were a victim of the fraud.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If the consulate persists in assuming fraud, then a waiver would be required.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If the person has been found to be inadmissible to the United States for having made a material misrepresentation on a visa petition, then he or she would need a waiver of inadmissibility to overcome that ground. Such waiver is available only if a U.S. citizen or lawful permanent resident spouse or son/daughter would suffer extreme hardship.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    If you are found to have made fraudulent misrepresentation, you will encounter significant difficulty in obtaining any kind of immigration benefits. You may qualify for 212(i) "extreme hardship" waiver if you have a US citizen spouse, but your case needs to be fully evaluated.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    It depends on what the fraud in question was. A finding of fraud on part of an individual applicant will affect their ability to obtain a future visa; they might need a waiver.