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How can I apply for EB-5 with an inadmissible spouse?

My wife would like to file for EB-5 but I have been inadmissible for life due to 212(a)(6)(c)(i) (misrepresentation), but I have U.S. entry waivers for B1/B2/TN for five years. Can my immigration status restrict the ability of my wife to get an EB-5 visa? After our I-526 gets approved, can I apply for a conditional green card based on our EB-5, even with the inadmissibility?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Your spouse, the admissible person, must be the principal and then technically you can apply for a extreme hardship waiver, but before filing you need to make sure this can be approved.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Your wife's EB-5 petition should not be affected by your inadmissibility and she may choose to proceed with her I-526. It is generally easier to obtain a non-immigrant visa waiver of inadmissibility. You should consult an immigration attorney experienced with immigrant visa waivers because it is a much higher legal standard to meet to have an approvable immigrant visa waiver. You may or may not qualify for it.

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    Stephen Berman

    Immigration Attorney
    Answered on

    No, your immigration status would not prevent your wife from getting an EB-5 visa.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Your inadmissibility would not affect her unless she was also involved in the misrepresentation. She can be the principal and, once approved, you can file to adjust but will need another immigrant waiver for the misrepresentation.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, your wife may process for EB-5 as the principal investor and not be affected by your inadmissibility. You may be able to be included in the final/immigrant visa processing after her petition is approved, but you would need a waiver.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Your wife may apply for EB-5 without any problem. However, your inadmissibility will remain. If you have actually received a waiver for non-immigration visas, then you may be able to receive a waiver for the immigrant visa also. However, inadmissibility for previous misrepresentation is a high bar to overcome.

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    Robert West

    Immigration Attorney
    Answered on

    Your wife can apply. Once she gets the residency, you can apply for a waiver if you can show extreme hardship to the qualifying relative.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    She can apply by herself. Your prior history should not affect her EB-5 petition. But you may be ineligible to get conditional status without a waiver. You should seek the advice of an experienced immigration lawyer for that. Best of luck.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Prior to embarking on the EB-5 any further, it is advisable that first, you should address your ban issue. If there is a clear indication that an opportunity to re-enter the U.S. is better, then pursue the EB-5 visa. Advisably, consult an immigration attorney for further review of your case.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, one's immigration status clearly could impact the ability of your wife to obtain lawful permanent residency through the EB-5 investor program. Since only you may be inadmissible due to your prior misrepresentations, the EB-5 investment could be made in your wife's name. For you to apply either as the EB-5 investor or as a dependent of your wife once she is eligible to apply, you would still need to obtain a waiver of the ground of inadmissibility. The fact that you have obtained same for your B-1/B-2 purposes is immaterial as to whether you could obtain one for an immigrant visa. It may be necessary for your wife to first obtain lawful permanent residency and then eventually, after five years, apply for and become a naturalized citizen of the United States. Once your wife qualifies, under certain conditions you could then apply for a waiver of your ground of inadmissibility.

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