How can asylum applicants apply for EB-5? - EB5Investors.com

How can asylum applicants apply for EB-5?

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?

Answers

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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.

Barbara Suri

Barbara Suri

Immigration Attorneys
Answered on

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.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

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.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

Yes, you can.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Yes. Did you accrue unlawful presence before leaving? If yes, you may need a waiver.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

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.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

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.

Phuong Le

Phuong Le

Immigration Attorneys
Answered on

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&#39s presumed you can safely return.

Robert West

Robert West

Immigration Attorneys
Answered on

Yes, if you qualify and meet the requirements.

Irina A. Rostova

Irina A. Rostova

Immigration Attorneys
Answered on

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.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

If you do not have any bar to admission to the U.S., you may be eligible.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.