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How can I apply for EB-5 if my mother and sister have applied for asylum?

My parents divorced when my sister and I were young. I have been living with my father since then while my sister lives with my mother. My mother and sister applied for asylum in the U.S. several years ago and have already obtained their green cards. Now I want to apply for EB-5 with my wife. How could my mother and sister’s asylee status impact my ability to apply for EB-5? Do I need to disclose this when filing my application?

Answers

• BoBi Ahn

  Immigration Attorney

  Answered on September 10, 2019

  Their status and how they became lawful permanent residents have no effect on your processing.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 9, 2019

  I cannot see how your mother and sister's application for asylum would impact your ability to file for an EB-5 green card.

• Daniel A Zeft

  Immigration Attorney

  Answered on September 9, 2019

  Your mother and sisters' asylee status will not affect your EB-5 case.

• Charles Foster

  Immigration Attorney

  Answered on September 6, 2019

  Your mother and sister's asylum application will have no impact on your petition.

• Marko Issever

  EB-5 Broker Dealer

  Answered on September 6, 2019

  Your mother and sister's asylum application should not affect your EB5 application. What you need to be concerned about is whether you have accrued any unlawful presence in the United States. If you have, you will not be able to adjust status in the U.S., following I-526 approval. Investors with less than 180 days of unlawful presence in the U.S. can apply in their home country for the green card through consular interviews. That said, from your narrative, there is nothing to suggest that you have accumulated unlawful presence in the U.S., so you should be OK.

• Ying Lu

  Immigration Attorney

  Answered on September 5, 2019

  The fact that your mother and sister has permanent residence will not impact your EB-5 as long as you can explain your legal source of funds and invest into an EB-5-compliant project.

• Lynne Feldman

  Immigration Attorney

  Answered on September 5, 2019

  It should not be related at all.

• Stephen Berman

  Immigration Attorney

  Answered on September 5, 2019

  It should have no impact.

• Julia Roussinova

  Immigration Attorney

  Answered on September 5, 2019

  This should not affect your EB-5 application, assuming you have no immigration violations. Please consult an experienced immigration attorney to advise you in detail based on all facts.