I applied for an asylum in October 2017, although my interview was not conducted. I have since abandoned my asylum case and returned to my home country in January 2019. Can I apply for EB-5?
As long as you have not provided any fraudulent documentation or information regarding your asylum application, and you are not subject to any statutory bar for an unlawful stay in the U.S., you should be able to process for EB-5 petition and immigrant visa processing from the U.S. Consulate.
If there was no fraud in the asylum case, and you did not accrue at least one year of unlawful presence, then you can apply. If you accrued unlawful presence, you may have triggered a 10-year bar to re-entry.
An ex-asylum applicant would apply for EB-5 in the same way as anyone else who applies. At the time of applying for the green card, the government will examine whether the applicant has ever been present unlawfully in the U.S.
Your previously having filed for asylum will have no effect in your ability to now apply for EB-5 unless you accrued unlawful presence in the United States and/or there was some question raised in the legitimacy of your asylum case.
Yes, you can.
Yes. Did you accrue unlawful presence before leaving? If yes, you may need a waiver.
Yes, you can file an EB-5 investor petition on Form I-526 from any country in the world, even if you applied for asylum in the United States. Upon your approval of your EB-5 petition, you would then hopefully apply for your immigrant visa, based upon that approval at the appropriate American consulate in your home country, be it at the U.S. embassy or otherwise. However, if you remained in the U.S., out-of-status for more than six months, you could be subject to a three-year prohibition from re-entering the United States. If you remain out-of-status for more than one year, you could be subject to a 10-year prohibition from re-entering the United States.
There are certain complex issues involved in your question which cannot be answered accurately as part of the forum, such as whether the asylum application was nonfrivolous and whether you accrued unlawful presence of 180 days or more, which may trigger a three- or 10-year bar issue after departure from the U.S. Please consult an experienced immigration attorney to review your entire immigration history and discuss the specifics.
Having a previously filed asylum application does not prevent you from filing an EB-5 petition. There may be some questions about whether it is safe or if you have credible fear of going back to your home country, but since you have withdrawn your petition, it's presumed you can safely return.
Yes, if you qualify and meet the requirements.
As long as there is no issue with the asylum being frivolous and you returned due to changed circumstances, you can still apply for EB-5.
If you do not have any bar to admission to the U.S., you may be eligible.
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