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Questions and Answers > EB-5 Forms

What are my chances of getting a U.S. visa approved if my L-1 I-485 got denied twice?

If my L-1 I-485 got denied twice, can I re-file it again a third time? Would EB-5 also be an option, or would these denials impact my chances of approval for any other visa?

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Answers

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    You need a consultation appointment with an immigration attorney.

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    Ying Lu

    Immigration Attorney
    Answered on

    I thought you meant I-485 under EB-1C. You need to find out what the reason was for the denials. If you have any inadmissibility issue, you need to address this issue first before applying for either EB-1C or EB-5 again.

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    Jason Feldman

    Immigration Attorney
    Answered on

    It depends on the reasons for the initial denial. A prior I-485 denial (or two) does not prevent an EB-5 based I-485 from being approved, assuming there was not a finding of fraud. An attorney should review why the I-485s were denied and confirm it will not be an issue for future filings.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the company transfer-based adjustments have been denied, that should not impact your ability to apply for an EB-5 based green card. The new law even allows persons out of status by up to 180 days to apply to adjust with concurrent filing.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It depends on the reason for the I-485 denial. I would need to review to properly advise.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    A new EB-5 visa petition that is unrelated to your L-1A petition would be adjudicated based on its own merits. You may be referring to the EB-1C green card process if you filed the petition concurrently with Form I-485 to adjust status. Assuming your I-485 was denied because the I-140 (EB-1C) was denied, this should not affect your EB-5 petition. If your I-485 was denied due to inadmissibility issues, these issues could affect your ability to receive a green card based on an EB-5 petition.

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    Phuong Le

    Immigration Attorney
    Answered on

    Unless it is denied for fraud or misrepresentation, a previous visa denial should not affect your eligibility for a new EB-5 application. You can file multiple applications as long as you qualify.