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How can I apply for EB-5 if I was deported in the past?

I was deported from the U.S. several years ago for working illegally. However, I obtained another visa from the U.S. consulate, completed my studies and started working legally in the U.S. upon re-entry. Will this affect the EB-5 visa if I plan to apply for one?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Your EB-5 immigration attorney will need to analyze the facts to determine if the deportation will stop you from applying for conditional permanent residency based upon an EB-5 petition.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    This is a complex question not suitable for an open forum. Assuming the U.S. consulate knew of your prior deportation and there was no misrepresentation on your non-immigrant visa application, you may not have an issue to apply for EB-5. Careful review of your entire travel record is necessary to answer your question.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    More detailed information regarding your prior immigration history is needed, but based on the info you provided, if you were eligible to receive a visa (any immigration benefit) without a waiver, after being previously deported, then you may now be eligible to apply for immigrant visa based on EB-5.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It may not prevent you from securing an EB-5 visa. Also, there are a number of issues you need to address. Specifically, how did you obtain another visa which allowed you to re-enter, finish your studies and even work legally in the U.S. upon re-entry? Did you obtain a waiver or not? In the process of applying for an EB-5 visa, you must declare and explain the circumstances leading to your deportation and how you were able to re-enter to finish your studies. Advisably, consult an immigration attorney, particularly an EB-5 attorney, to consider all your options prior to signing up for the EB-5 petition.

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    Stephen Berman

    Immigration Attorney
    Answered on

    A deportation bars one from admission for 10 years. If 10 years have passed, there may be no issue.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you were given an admission after you were deported, then the latest entry supersedes the old action and you are no longer inadmissible because of that action. If you are legally here and have not violated the terms of your current visa, you would be fine with pursuing EB-5 and adjusting as long as you maintain that.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I would need to review all records to advise, but, assuming the consulate knew of the deportation, then perhaps you spent sufficient time overseas to not need a waiver. Again, it will depend on the reason for deportation and other factors.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Did you disclose your previous deportation on the NIV application? Receive a waiver? In general, a previous deport will bar you from entry for a certain number of years. However, waivers can be obtained in some situations. An EB-5 visa is governed by the same rules as all other visas. It is impossible to answer your question based on the info provided. You need to hire an attorney to evaluate to your admissibility.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you have ever been out of status you may not be eligible to adjust status in the U.S. but you might still be able to obtain an EB-5 visa abroad via consular processing. You need to have a qualified professional carefully evaluate your entire case history to make sure you are not inadmissible and are eligible to consular process your EB-5 at a consulate or embassy abroad.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    From what I gather, it appears like you have fulfilled the period required to stay away from the United States due to whatever violation you were responsible for at the time of deportation. I say this because the U.S. consulate who was totally aware of your deportation issued a valid visa to you to be admitted to the United States again. You have enough of a strong case that you should certainly consider applying for the EB-5. Your prior violation will need to be disclosed in your application but I don't think it will hinder you from being seriously considered. You need to carefully pick an eligible project.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    When you got the visa to return to the U.S., did you disclose you had been deported in the past?

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The fact that you were able to obtain a new visa and work permit after former deportation should be a good sign that a green card process could be successful. I would want to see the full immigration history and reasons for deportation, but I am hopeful.

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    Charles Foster

    Immigration Attorney
    Answered on

    You can file an EB-5 investor petition on Form I-526 at any time and, assuming it is approved, you would either apply for adjustment of status or for your immigrant visa abroad. You would have to determine whether or not deportation from the U.S. would make you ineligible and excludable from the United States; then you would need to determine if you would be eligible for a waiver. Typically to obtain a waiver for an immigrant visa, you would have to be married to a U.S. citizen. There would be no need to file an EB-5 petition. The fact that you obtained an F-1 non-immigrant student visa through the U.S. consulate would be indicative of whether or not you would need a waiver. However, one may obtain a non-immigrant visa waiver relatively easier than obtaining an immigrant visa waiver. You need to consult with experienced immigration attorneys, hopefully one who is board-certified in immigration and nationality law and is familiar in obtaining waivers.

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