How can I apply for EB-5 if I've been rejected for other visas?
I have applied for the E-2 visa in the past and my application was rejected. I have since acquired more funds and wish to apply for the EB-5 visa. Will my previous rejection affect my application and what can I do to make sure I''m not rejected again?
It all depends on the reason for visa denial. If the visa was denied due to criminal background, fraud, or lack of good moral character, then it is possible that the same issue will deem you inadmissible for the EB-5 purposes.
Normally a previous rejection will not affect your EB5 application (except fraud, inadmissible, etc.). Looks like you should make sure that you have sufficient funds and qualify as an accredited investor.
It will depend on why your E-2 Visa Application was denied. Provided you have no criminal history, no US immigration violations and can prove a lawful source of funds, there is no reason why the I-526 Petition or the subsequent visa application should be denied. However, if the E-2 visa was denied because you were deemed inadmissible, there is a risk that the Petition, or the subsequent visa application may be denied. You should discuss your case with an experienced immigration attorney to determine why the E-2 Visa Application was denied and whether this will affect the EB-5 Visa Petition.
Your previous rejection for the E-2 visa does not necessarily mean you cannot apply for another visa like EB-5. In your plan to aplly for EB-5 though, make sure you observe some basic requirements for EB-5 such as: 1) Make sure you have the required enough funds for investment: either $500k for investment in rural area or $1million for investment in urban area; 2) Your funds are from legitimate source(s) and you can prove it; and 3) Your investment will produce at least 10 jobs or more. Be ready to provide supporting evidence for each of these requirements. If every care is taken in preparing a good package, you efforts will be successful. If you want additional information and perhaps want to work with our office, feel free to consult us.
The previous unsuccessful E-2 application will not affect your EB-5 petition. You need to prove the legal source of the EB-5 funds and to fulfill the job creation requirement in order to win your EB-5 petition.
You will need to disclose the rejection when you apply for the EB-5. Whether or not it will have an effect on an EB-5 filing depends on the reason for the rejection if just Sec. 214(b) rejection then there should not be an issue with the EB-5 filing and consular processing.
If you have made any untruthful or fraudulent statements in your previous applications or have been denied on admissibility grounds (such as criminal records or overstay in United States or had certain diseases that are barred by the United States, etc), they may affect your future EB-5 immigrant visa application.
No the previous rejection will not affect your EB5 application, provided the application was rejected due to the viability or lack thereof of the investment and not due to any "personal" reasons such as criminal convictions
It sounds like you were denied the E-2 because you did not make a substantial investment, the E-2 enterprise was marginal, or some other business reason. It does not sound as though you were denied the E-2 investment because of being inadmissible due to a good moral character, criminal, fraud, other inadmissible legal issue, or the inability to prove lawful source of funds. If so, then re-applying may not be an issue. To better understand I would need to discuss the confidential issues with you.
The U.S. immigration laws allow you to file a subsequent I-526 petition even though previous non-immigrant petitions have been filed and denied. Furthermore, you my file multiple immigrant petitions at the same time and rely on the immigrant petition that is approved first to move forward and apply for permanent residency. However, a review needs to be completed as to the reasons for denial of a non-immigrant petition or immigrant petition and/ or the denial of subsequent applications for a non-immigrant or immigrant visa. One may need to determine if the denial was based on a ground of inadmissibility and if the ground can be overcome with a waiver application. However, some grounds of denial for a non-immigrant visa, such as fraud and misrepresentation, could be a ground that cannot be overcome. Therefore, it is essential to review the previous grounds of denial especially at the visa issuance stage.
A denial of an E-2 non-immigrant application will not lead to an automatic denial of a subsequent EB-5 Application, unless you are using the same project for which you applied for the E-2 and the reason for the denial of E-2 was due to some underlying issues with the project itself, etc.
You may still be able to apply. The I-526 Petition does not concern the petitioner''s U.S. immigration history. When applying for the actual visa at the U.S. consulate or adjusting status to permanent residency, you will be asked about previous applications or petitions. Retaining qualified and experienced U.S. immigration counsel, like our law firm, can help you properly prepare and file the forms and provide the best information.
It depends on the reasons for the rejections. If you were denied non-immigrant visas (such as B-2, F-1, etc) for failure to prove your non-immigrant intent, then it won''t affect your EB-5 immigrant visa application. If there is more behind the denials (e.g., misrepresentations, criminal history, previous immigration violations), then you may have the same problem getting your visa.
This will depend on the reasons for the E-2 petition/visa being denied. This is something you should discuss with immigration counsel directly to determine if the basis for the E-2 denial was related to you or the company and/or funds invested.