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

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.

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.

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.

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

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.

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.

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.

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!

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.

Depends on the reasons for refusal. If immigrant intent, then you&#39re OK. If there is misrepresentation, fraud, criminality, etc., then an attorney needs to evaluate your case for admissibility.

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.

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.

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.