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How will the travel ban affect my EB-5 visa application?

My I-526 was approved last December and I filled my DS-260 form in January 2020. I am currently waiting for an interview date. I would like to know how the ban affects me and what my chances are to get an approval at the U.S. consulate in my home country.

Answers

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    If the U.S. consulate where your are residing is continuing to conduct interviews, then your immigrant visa processing can proceed; however, even after the interview and approval, you would at that point be subject to travel bans until that is lifted.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It depends on the country. If you are already legally in the U.S. then I would recommend adjusting rather than consular processing. If not, you will need to overcome the ban by applying for a waiver.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Sadly very few travel ban waivers have been approved. Hopefully, you have a compelling and legally strong argument.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    How the travel ban affects you will depend on how it applies to your particular country of citizenship.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If you are a citizen of a country subject to the ban, you will be told you cannot be admitted to the U.S. You can apply for a waiver or wait until the ban ends.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    If you are not coming from travel ban countries, processing should remain the case.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    If you are from one of the listed countries, yes, the travel ban will prevent you from getting a visa until a waiver has been approved.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It depends on your country and the progress it has made in addressing the ban with the U.S. Some countries have engaged in serious negotiation with the U.S. and there could be resolved within a few months but, some have not much progress. Advisably, make sure you are aware of what your country has done to date and what few steps are left unaccomplished.

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