I am a Chinese migration agent interested in applying for an EB-5 visa so I may immigrate to the United States. However, ten years ago, my L-1 visa was revoked and I was placed onto a “blacklist” by the U.S. The reason for this is not directly my fault—one of my clients forged a visa document, which resulted in our both of our visas being revoked. I thought since this happened so long ago, I might now apply for an EB-5 visa. However, when I visited the Embassy, they told me I was on the “blacklist” and that I need to pursue a Visa Waiver in order to be removed from it. How should I go about doing this?
Answers
Ed Beshara
Find an EB-5 Visa Lawyer: Immigration AttorneyBefore filing an EB-5 petition and committing your personal funds to an EB-5 project, you should consult with an experienced EB-5 Immigration Attorney. Of importance is whether there are any grounds of inadmissibility and if so are there any waivers available to overcome the grounds of inadmissibility.
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyA waiver of inadmissibility for having made a material misrepresentation under INA 212(a)(6)(C) is available in INA 212(i), but it requires a showing of extreme hardship to a U.S. citizen or LPR spouse or parent. Without this waiver (requiring extreme hardship to a qualifying U.S. relative), you are inadmissible to the United States.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, a waiver is what you need. Engage an attorney (very likely not an EB-5 attorney, but an immigration attorney experienced in litigation and waivers) to assist you with a waiver. Perhaps apply for an NIV waiver first.
Raymond Lahoud
Find an EB-5 Visa Lawyer: Immigration AttorneyThere is no such thing as a "blacklist." Rather, if you have had prior violations of the Immigration & Nationality Act or other concerns, you may be deemed inadmissible to the United States as a result. You may or may not be eligible for a waiver of inadmissibility, depending on the underlying circumstances. It is best that you discuss further with competent immigration counsel, who handles EB-5 and Consular Processing matters.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou will need a fraud waiver at the final stage of your EB-5 case.
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