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How can I enter the U.S. as an EB-5 visa holder amid the coronavirus-related travel ban that affects Europe?

Our EB-5 visas were approved by the U.S. consulate in Paris. We were preparing our first visit to the U.S. when the government announced to ban all travel from continental Europe. We are worried that the ban might be extended beyond 30 days. Since we are now immigrant visa holders, will we be allowed to enter the border if we take a “detour”? For instance, if we fly to Canada first then enter, will we be admitted? Our visas are expiring.

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You should seriously consider seeking an extension of your immigrant visa. There should be any problem in explaining the effects of the moratorium on traveling to the U.S. as a result of the coronavirus pandemic. Do not try to go through Canada as you may encounter problems that may aggravate your situation for the worse particularly if you were not allowed to enter the U.S.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    You could fly to Canada and drive to the U.S.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Like the ''Muslim Ban'' from a few years ago, this seems to have been announced without much thought into how it will actually work in practice. Maybe spend 14 days in a country that is not part of the advisory and fly out of there? No one really knows but we are all working on how to handle this.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Sadly one is not a green card holder until they land and are admitted. Today, persons arriving from China with immigrant visas and packages seeking admission, have been refused and sent back home. Hopefully, this restriction will pass soon.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The ban applies to anyone who has been in the designated area in the last 14 days, so flying to a third country like Canada, will not work. You will have to wait until the ban is lifted in order to use your immigrant visas, which should be valid for six months.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    If you have your conditional green card, you can enter as a permanent resident. If you have the immigrant visa package for your green card, I think they will let you arrive in the U.S. You could try to check with your airline, or just take a chance and come here. Flights from Europe to the U.S. are being canceled. You might be able to do it through Canada.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You are a permanent resident and should not be subject to the ban.

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