A few years ago I applied for E-2 and was approved. I stayed in the United States for 2 years and then re-applied for E-2 at my home/foreign country but was denied (due to no employment and little tax reporting/paid). Now I can”t even get a B-2 (visitor) visa to visit the U.S. What are the chances that I can get a EB-5 visa approved with E-2 prior denial?
The denial of your E-2 visa does not necessarily translate to denial of your EB-5 petition. Your E-2 visa denial will need further analyses to determine your admissibility to the United States.
It will depend on the specifics of your situation, like why the E-2 extension was denied and your EB-5 application. You could be able to get an I-526 approval, but special care would need to be taken when applying for the immigrant visa. Retaining qualified immigration counsel, like our law firm, would be very beneficial.
While the mere fact that you had a E2 denial is not dispositive as to the approval of the EB-5. You may have a higher burden to prove eligibility, provided that you did not overstay.
The EB5 will either be approved or denied on its own. The fact of the prior E-2 denial should not matter.
The prior E-2 denial should have no impact on EB-5 eligibility unless it was rejected on a substantial ground of inadmissibility such as misrepresentation.
Your chances are high. The reason for your B-2 denial is most likely immigrant intent. If that is the case, having an approved immigrant petition EB5 is exactly what you would need. You would confirm your immigrant intent and the fact that you are applying for an immigrant visa.
The real question is not the denial but if you had any unlawful presence.
Based on the facts you have presented, an EB-5 conditional permanent residency visa can be approved. The EB-5 visa will allow you to live and work in the U.S. You may continue to live in your home country during the initial EB-5 process to obtain your conditional permanent residency so that you may enter the U.S.
As long as the denial wasn't for fraud they earlier denial should be unrelated to your chances under EB-5.
The reasons you stated for your E-2 denial do not appear relevant to a new EB-5 case. Therefore, as long as you are otherwise qualified, your previous E-2 denial should not affect your EB-5 eligibility. Furthermore, the fact you cannot get a B-2 visitor visa should not affect anything either.
For an EB-5 petition, the USCIS looks to two issues: First, will the business generate 10 new jobs? Second, is the petitioner able to prove that his/her EB-5 funds come from a legitimate source? As long as you can satisfy the above requirements, your I-526 application will be approved. The denial of E-2 or B-2 does not necessarily reduce your chance of approval.
You need to consult with a qualified immigration attorney to figure out if there are any open ended issues with respect to your E2 visa. You may also have an issue with dual intent. In other words, given that you have had an investment visa in the past, they may question whether your true intent is just for a visit, causing the denial of the Tourist visa.
The denial of E-2 visa will not affect the EB-5 visa as EB-5 is immigrant visa not a temporary, non-immigrant visa. The most important issue that you need to worry about in EB-5 process is choosing a right project or business to make sure that 10 full-time jobs will be created. Otherwise, you will have the same situation as before when E-2 extension was denied because no employment was created.
Dear Sir or Madam, Your E-2 denial would not have much effect unless USCIS suspects any misrepresentation or fraud.
The prior denial of a different visa class should not affect the EB-5 Petition as the qualifications/eligibility for EB-5 is different. You will need to make sure to document your income and source of income. The prior non payment of taxes in the U.S. may be an issue if you did not declare all U.S. earned income while previously here so you will need to carefully document all income taxes paid and also document the applicable and lawful deductions that would have been allowed in your case to show the low rates of rate you paid. You should work with an experienced EB-5 attorney as I think your case (given the above facts) would greatly benefit from sound legal advice.
Having a prior nonimmigrant visa denial (such as an E-2) does not affect your chances for successfully processing for EB-5 Immigrant Investor petition as long as, in this instance, the business/investment is not for the same entity through which you were denied the E-2 (since the denial was due to no employment and no tax reporting etc.)
An E-2 visa denial should not make any difference.
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