Daniel A Zeft
Immigration AttorneyYou need a consultation appointment with an immigration attorney.
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?
You need a consultation appointment with an immigration attorney.
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.
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.
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.
It depends on the reason for the I-485 denial. I would need to review to properly advise.
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.
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.