How can I qualify for EB-5 if I withdraw my pending asylum application? - EB5Investors.com

How can I qualify for EB-5 if I withdraw my pending asylum application?

I am living in the United States on a pending asylum case. I will go back to India next year and withdraw my application. Can I apply for an EB-5 visa while I am in India? Would I qualify under these circumstances?

Answers

Daniel A Zeft

Daniel A Zeft

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You can withdraw your asylum application, return to India, and then proceed to seek U.S. permanent residence status based on an EB-5 case.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

The question is whether you accrued unlawful status, and/or whether your asylum case was frivolous. If you applied for asylum while in lawful status and never worked without permission, you may not trigger unlawful status bars when you leave, however, if the case is phony, the consulate may not like the EB-5 case.

Lynne Feldman

Lynne Feldman

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Answered on

I would not withdraw your asylum case until you have left to avoid any unlawful presence. This assumes you were in status every day before you applied for asylum.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You need a proper case evaluation. Not knowing the details of your immigration history, I wonder if you will trigger an inadmissibility bar by leaving the country. (Was there any unlawful presence prior to your asylum application? Could the asylum application be deemed frivolous? I am inclined to say yes if you claimed asylum from the Indian government and now you are willingly returning there (unless there has been a massive change in circumstances). Get a proper case analysis.

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