I entered the U.S. without inspection through the southern border. Within 180 days, I filed for asylum and received the official receipt notice. I have completed fingerprinting and am waiting for the interview. I was never detained or issued any removal order. Can I voluntarily depart the U.S. and apply for an EB-5 immigrant visa through consular processing?
Will leaving trigger the 3-year or 10-year unlawful presence bar?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysWe would have to evaluate whether you will trigger an unlawful presence bar and if money earned without having lawful work authorization then its not acceptable as source of funds.
Lynne Feldman
EB-5 Immigration attorneysLeaving will not trigger the 3 or 10 year bar if asylum filed within 180 days and no finding of a frivolous filing. Be sure to withdraw your application after consulting with asylum counsel before leaving.
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