Just learned that the US is banning visa applications from more than 70 countries, including Brazil. I am Brazilian, but have lived most of my life in Argentina. I am in the process of resolving the funding source for my application. What will happen to my petition if I file?
Answers
Charles Foster
EB-5 Immigration attorneysYou can file your I-526 petition, but the issuance of your immigrant visa would be held up until thise pause has been lifted.
As it’s a lengthy process you should still start.
Ian E Scott
EB-5 Immigration attorneysThe ban should not impact you as the immigrant visa (green card) would not be adjudicated for years.
Bernard P Wolfsdorf
EB-5 Immigration attorneys75 countries subject to the hold, but note this has no time limit presently and is an indefinite suspension of immigrant visa processing for nationals. Internal guidance directs that immigrant visas from the affected countries will not be issued while the Department reassesses screening and vetting procedures under existing immigration law.
The pause is part of broader measures aimed at tightening review criteria for potential immigrants who may be deemed likely to become a “public charge”, meaning someone expected to rely on government benefits. Since EB-5 applicants are unlikely to be public charges, I think this will be resolved relatively soon, or certainly by the time an interview is scheduled abroad. Also, I think if it takes too long, litigation will be filed soon.
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