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What options do I have if my EB-5 case gets denied due to the travel ban?

I have had an EB-5 case since 2014 that has been approved by USCIS. Last December I attended my visa interview and have been waiting for the administrative processing to complete since then. Unfortunately, in that period the third version of the travel ban took effect and my status changed to refused. My attorney later received a note from the consular officer stating that due to the presidential executive order they are unable to issue a visa to me and my case does not qualify for a waiver. How can I still pursue my case? If H.R. 392 (Fairness of High-Skilled Immigrants Act) gets approved, will it have any influence on my case?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You should discuss with your attorney to file for a waiver. It is unlikely H.R. 392, if passed, will have an impact on your case. Otherwise, you will need to wait to see if the law changes with the travel ban under any new administration in the future.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Two things I would look at are the waiver application. While very few have been issued, I would definitely speak to an expert. Sadly, the Supreme Court upheld the 3.0 version of the travel ban, which is truly sad and embarrassing for America.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No good answer to your question if the officer is indicating you do not qualify for a waiver other than to try and make a case that you do qualify for the waiver.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Unfortunately, the travel ban affects all travel, immigrant or non-immigrant. H.R. 392, which we do not think has high likelihood of passing the full House and Senate, does not help you with the travel ban. Since your I-526 has been approved and will not expire, you may hope that after 2020, if another president elected and abolishes the travel ban, you could come in.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you are subject to the final version of President Trump''s travel ban, you would clearly need to obtain a waiver and your attorney should pursue that vigorously, although admittedly, it may be difficult to obtain. It is unlikely that H.R. 392 will pass or have any impact on your waiver case.

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