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How can “visiting the EB-5 project” be an approved reason for applying for a visitor visa?

I came to the U.S. on an EB-5 visa six months ago and received my conditional green card. I want to invite my parents to visit me and my family here for about two months. I would like to know if mentioning the purpose of their stay as "visiting the EB-5 project site” to be an acceptable reason for them to use when they attend the visa interview and when they enter customs at the airport. Even if they do not say that out loud, I assume the officers will still be able to see my current status and their relationship with me. Will this raise questions of dual intentions?

Answers

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    If the B-2 visa applications of your parents are sensitive cases, then they could retain an immigration attorney to handle the cases which may facilitate the approval of the cases.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is not advisable to use "visiting the EB-5 project" as a reason. Your parents are visiting you and not the EB-5 project. In fact, it may trigger a denial because the reason raises the specter of immigrant intent and their applications may be denied.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    This may be a valid purpose for a visitor visa as long as they able to demonstrate ties to their home country and show no intent to adjust status in the U.S., such as by working, having property or family in their home country to overcome a 214(b) visa denial. Another purpose may be to visit you, if it is true.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    More important to the visa processing is their ability to show solid home country ties which would require them to return back to their home/country. "Visiting the EB-5 Project site" may be a good reason for a visitor visa IF they were doing to so for their potential investment but does not really make much sense if it is the EB-5 investment project site of their son.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The best reason is the truth-wanting to visit the project, may be valid, if true, but it may be better to show that they simply want to spend some time with you and explain what they will do and why they are likely to return home, if true.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    Wanting to visit a real estate investment of a son does not sound compelling to me and probably not to a visa officer as well. On the other hand, if they were considering making a similar investment in that project, that would be a much more compelling basis for a visitor visa application. Exploring investment opportunities is specifically mentioned as permissible B-1 (business visitor) activity in the Foreign Affairs Manual (FAM). Of course, this would be one factor and the totality of their circumstances should be analyzed before making a visa application.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If they truly wish to visit some EB-5 projects for evaluation, then there is no reason not to say that. The dual-intent issue and other 214b visa denial potential becomes an issue when the visa applicants do not have enough family, community and financial ties to their home country. If they are still working and have significant assets at home and just wish to visit you, then they may be OK. Whatever the reason for the visit may be, it is always advisable to be truthful.

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    Abhinav Lohia

    Immigration Attorney
    Answered on

    I do not think there is any reason to mention visiting an EB-5 project site. Oftentimes, the officer at the border mistake it for immigrant intent and do not let people enter the U.S. You being an EB-5 applicant has no bearing on your parent's entry to the United States. They should simply state they are coming to visit you, which seems to be the purpose of the visit.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The Foreign Affairs Manual actually allows this specific travel plan as long as you clearly indicate that you do not plan on adjusting to green card here and that you will not be managing anything here.

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    Charles Foster

    Immigration Attorney
    Answered on

    While your parents apply for a non-immigrant B-1/B-2 visitor visa in order to visit you in the U.S., I think the emphasis should be on visiting you as their son. It would not be necessary or even necessarily advisable to reference "visiting the EB-5 project," as I would believe the best strategy would be to keep it very simple. By definition, they have to disclose the fact that they have a son in the U.S. and your status, but that does not mean it is necessary to reference the fact that they may visit an EB-5 project. In fact, if anything, that could give the impression that they too may be intending to be immigrants. Every applicant for a B-1/B-2 visa has to prove the opposite, that they do not intend to immigrate.

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