How can I apply for EB-5 if I''ve been rejected for other visas? - EB5Investors.com

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?

Answers

Reza Rahbaran

Reza Rahbaran

Immigration Attorneys
Answered on

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.

Lei Jiang

Lei Jiang

Immigration Attorneys
Answered on

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.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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.

Ying Lu

Ying Lu

Immigration Attorneys
Answered on

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.

Rachel Lew

Rachel Lew

Immigration Attorneys
Answered on

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.

Shahzad Q Qadri

Shahzad Q Qadri

RC Creators
Answered on

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

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

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.

Michael A Harris, Esq

Michael A Harris, Esq

Immigration Attorneys
Answered on

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.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

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.

Anthony Korda

Anthony Korda

Immigration Attorneys
Answered on

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.

Gregory Romanovsky

Gregory Romanovsky

Immigration Attorneys
Answered on

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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

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.

Mahsa Aliaskari

Mahsa Aliaskari

Immigration Attorneys
Answered on

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.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

It will not affect your eligibility.

Jeffrey E Campion

Jeffrey E Campion

Immigration Attorneys
Answered on

A previous denial, unless for an inadmissibility issue, should not affect your application. What you can do is (a) choose a good project and (b) make sure you document your legitimate source of funds.

Charles H Kuck

Charles H Kuck

Immigration Attorneys
Answered on

That depends on WHY you were rejected. A rejection for not having enough funds can be overcome. A rejection for having committed fraud is not.

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.