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How could an EB-5 application impact my ability to get a visitor visa?

I am an Indian EB-5 investor. My I-526 was approved and all documents have been received by the National Visa Center. Due to the visa retrogression, it seems I still need to wait a couple of years. Can I apply for and get a visitor visa if I want to just visit the U.S. next summer?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, but in seeking the visiting visa, you may need to prove that you have no immigrant intent.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, you are eligible to apply for a B-1 /B-2 visitor visa in order to visit the U.S. next summer. You would have to disclose, of course, that you filed your EB-5 investor petition on Form I-526. The American consular officer would take that into consideration as to whether or not you are a bona fide visitor. You'd have to argue that while you have a long-term intent to immigrate, given the visa retrogression, you still have a short-term intent to visit the U.S. The same issue could come up when you enter the U.S. with the immigration inspector who could ask you the same questions.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is possible if you demonstrate strong ties to the home country and non-immigrant intent for a tourist visa to be issued. Even if the tourist visa is issued by a U.S. consulate, you may be refused entry at the U.S. border by CBP due to approved I-526 petition. We had clients who had similar situations and some were allowed to enter and others were not because I-526 petition is evidence of immigrant intent. If I-526 petition says consular processing, this should be brought to the attention of the U.S. consular officer or CBP officer, as it also evidences you do not intend to adjust status in the U.S. and will consular process for an immigrant visa abroad when your priority date is current.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    The immigrant visa backlog (visa retrogression) does not apply to EB-5 investors from India who are applying for immigrant visas. It applies to EB-5 investors who are in the U.S. and who would apply for adjustment of status. You can apply for an immigrant visa now.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Conflicting intent, so need to show you will return for immigrant visa processing.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The fact that you applied for an EB-5 should not in itself be a reason to deny the visitor visa. The Indian waiting line is not estimated at 7-plus years, so if you can explain and show strong ties to India and if you have enough evidence, they might still issue a visitor visa.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It may be very hard to get a B visa once the NVC process has started, but the argument would be that because of retrogression, there is no way you could stay in the U.S. to apply for a green card now. Work with an attorney, please!

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    If you have an EB-5 I-526 on file in your name as the main applicant, you may be denied based on "immigrant intent."

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    You can try, but I doubt that you will get a visitor visa.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    A pending EB-5 application, when you have disclosed your long-term intent to immigrate to the United States, will undoubtedly make it more difficult for you to get a B-1/B-2 tourist visa, which is clearly a non-immigrant intent visa. Therefore, you need to be able to prove to the consulate that your touristic visit interest is clearly short term and you have plenty of proof that you will return back to India until your conditional green is approved.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    It is possible to obtain a visitor's visa (even with an approved immigrant petition, I-526). You need to fully establish that your current intent for coming to the U.S. is strictly temporary as a non-immigrant to visit the U.S. for short term. You will need to provide supporting evidence of strong ties to your home country, which will require you to return after your visit (i.e., job, family, business ownership, etc.).

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