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How does a non-immigrant visa refusal affect my I-526 petition?

I have been refused an F-1 student visa and a visitor visa. Now I am planning to invest in the EB-5 program. Do the previous refusals affect the approval of my I-526 petition? On what basis is the I-526 petition scrutinized?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Prior to starting an EB-5 petition, an immigrant visa, consider doing a review of the basis for the previous rejections of those non-immigrant visas you applied for. The USCIS will certainly have access to those records, regardless of whether they are innocuous or not, and the agency may choose to question you on the issues relating to their denials. Advisably, consult an immigration attorney for further analysis and review.

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    Charles Foster

    Immigration Attorney
    Answered on

    A refusal of a non-immigrant visa should not adversely affect your eligibility to have your EB-5 investor petition on Form I-526 approved, nor your application for an immigrant visa based upon such approval, provided that you did not make any false statements as part of your application for an F-1 student visa or a B-1/B-2 visitor visa. The I-526 petition is scrutinized to make sure it is in compliance with statutory and regulatory requirements.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If your previous visas were refused based on 214(b) failure to show non-immigrant intent, this will not affect your filing of the I-526 petition.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    This may affect your immigrant visa application after the I-526 is approved. I would need to know more details on the refusal.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Normally, a non-immigrant visa refusal should not affect the immigrant petition processing (i.e., I-526), unless there is fraud involved or statutory bar based on the refusal.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    A non-immigrant visa refusal does not necessarily affect an immigrant visa issuance. The only exception is in cases of fraud. Each visa has separate qualifications, and while you may not qualify for one visa, you may qualify for another.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It depends on the basis of the prior refusals. If it is just 214(b) immigrant intent, then it should not affect your immigrant visa processing. But be sure to disclose these.

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    Abhinav Lohia

    Immigration Attorney
    Answered on

    Denial of a non-immigrant visa application does not have an impact on immigrant visa applications unless the denial is based on negative immigration history, a criminal record, etc. Discuss your specific circumstances with an immigration attorney.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Most of the time when the non-immigrant visas are denied, they are denied on the basis of 214(b) denial, meaning that the consulate officer thinks you have an immigrant intent and you do not have enough family, financial or community ties to assure that you will return back home. As I-526 and immigrant visa process is actually for the purpose of immigration, they will not hold previous 214(b) denial against you. If your denial was based on some other inadmissibility issues, then it becomes a completely different story. Please consult with an experienced EB-5 immigration lawyer with all the previous documents and denials so the lawyer can formulate a strategy for you.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Depends on the reasons for refusal. If immigrant intent, then you're OK. If there is misrepresentation, fraud, criminality, etc., then an attorney needs to evaluate your case for admissibility.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Provided this is a section 214(b) denial, it should not impact your ability to apply for a green card unless you have a section 212(a) denial, which is a basis for inadmissibility.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    The prior refusal will not affect the I-526 petition at all. But if the refusal was for some serious reason, like fraud or misrepresentation, it could affect your I-485 adjustment of status or consular immigrant visa processing. You should have an experienced EB-5 immigration lawyer working with you. Best of luck!

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    The refusals of the F-1 visa and the B-2 visa should not affect the I-526 petition. The prior visa refusals may affect your immigrant visa application.

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