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How can I get an EB-5 visa if my application was refused due to the travel ban?

I am an EB-5 visa applicant. My petition was approved and I was invited to the interview at the U.S. consular post in my home country. However, my visa application was refused because of my country of origin and the Trump administration travel ban. What do you recommend for me to be successful in getting a visa in this situation?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Let's hope this ban is lifted soon. Alternatively, maybe as dual citizen, you might be exempt. Alas, maybe you should consider a waiver, although they hard to get.

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    Charles Foster

    Immigration Attorney
    Answered on

    The travel ban by the Trump administration is obviously a major problem if you are covered by it. While the travel ban has been challenged in court, is somewhat narrow and the U.S. Supreme Court will make the final ruling on it, it is almost certain that a significant portion of it will remain in effect. It may or may not be possible to get a waiver under limited circumstances.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Currently, the ban is effective unless there is either a political or legal relief setting aside some of this type of ban. Right now, there is no immediate relief in sight. Also, be aware that there are several lawsuits in several courts contesting the executive bans currently in place. However, there is no clear path yet on how any of the suits will affect the EB-5 cases.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    There is a waiver from the travel ban that one can apply for when applying for a visa. However, I believe that very few waiver applications have been approved. You should consult with an immigration attorney who is knowledgeable about the waiver to get his or her opinion about your case.

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    Robert West

    Immigration Attorney
    Answered on

    You will have to wait until the travel ban is terminated. There is a waiver for some and you should discuss with your lawyer if that is a possibility.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Very few people are successful in waiving the travel ban at this time. Nonetheless, you should have a well-documented waiver on file and wait for the U.S. Supreme Court decision, possibly to come in early June, before deciding on next steps with your attorney.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Next step is to ask for a waiver.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You have the option to file a waiver of the executive order, if you have close family members who are U.S. citizens, permanent residents, etc. It is not easily granted, but it is an option.

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