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How could the travel ban impact my eligibility to get a green card through EB-5?

The travel ban has been a hot topic ever since the new administration took the office. Is it advisable for Syria-born applicants to apply for EB-5 at this point? How exactly could the travel ban impact the eligibility of an investor from Syria to get a green card through EB-5? What are my options?

Answers

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    Robert West

    Immigration Attorney
    Answered on

    Apply now. It takes so long anyway that the travel ban should be done by then.

  • Avatar

    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    Syrian nationals can apply for EB-5 at this time.

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    Shenila A Momin

    Immigration Attorney
    Answered on

    So far, they are still approving residency for Syrian nationals. I have had a few approvals recently. Since the I-526 takes over 18 months to process, it is best that you start now.

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    Barbara Suri

    Immigration Attorney
    Answered on

    If you are banned from entering the U.S., then you will not be let in.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Due to the travel ban, no visas are being issued to nationals of the listed countries, including Syria. This applies to EB-5 visas as well. Until there is a change in the law, Syrian nationals will not receive visas pursuant to the EB-5 investment.

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    Charles Foster

    Immigration Attorney
    Answered on

    The travel ban could be a major problem for Syrian-born applicants who are still Syrian citizens and have not acquired third-country citizenship. If they have not yet applied for an EB-5 investor status, they could be barred from being issued an immigrant visa if the travel ban is still in effect. If a Syrian-born national filed an EB-5 investor petition on Form I-526 today, the petition itself would be approvable; however, based upon the approved petition, the beneficiary of the petition would have to apply for the immigrant visa at the appropriate American consulate abroad. Given conditions in Syria, that would be in a third country and at that time, if the travel ban were in effect, the Syrian applicant could be refused the immigrant visa. However, the travel ban has been challenged in a series of lawsuits, and even if it goes into effect, it does not necessarily mean that it will remain in effect indefinitely.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Over 200 million people, almost exclusively Muslims, have been banned. My hope is this will be reversed by the courts. However, there is some risk that it could take time. The petition takes two to three years, so the optimist would proceed now. The pessimist would wait until the ban is lifted. I am an optimist that this ban will be short-lived.

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