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Why did our EB-5 visa application get denied?

Our I-526 application was approved and we attended the EB-5 visa interview at the U.S. consulate in our home country. However, without giving an explanation, the consulate officer denied our application. Why might he do that? What should we do now? Are there appeal procedures?

Answers

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    Stephen Berman

    Immigration Attorney
    Answered on

    The denial will be in writing and will give a reason.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You should have received a visa refusal sheet/letter indicating a section of the law under which your EB-5 visa was refused. Hire an experienced immigration attorney immediately to review your case and reason for visa refusal and assess whether a request for reconsideration is viable, etc.

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    Robert West

    Immigration Attorney
    Answered on

    That would be a question for your lawyer who knows the details of the case.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    The truth is nobody knows why such a decision might have been taken. Do you believe that you have any grounds of inadmissibility such as criminal or health concerns? They do have an obligation to provide you with some reason for denying your permanent residency after I-526 approval. It cannot, or better yet, it should not be project related. It has to be applicant related, meaning something related to your person. Maybe they were suspicious that you misrepresented some facts on your I-526 petition regarding the source of funds. If you think that this decision was a mistake, as you have no reason to believe that the decision has any merit, you could seek an advisory opinion or file for declaratory relief at the U.S. District Court.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Hard to know without being privy to details of your case. The officer should advise you.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    It sounds like your immigrant visa application may have been denied (not your I-526 immigrant investor petition) since it was at the U.S. consulate level (after the petition approval). You should have received a written decision with explanation on the reason for denial and option for next steps (i.e., appeal or refile).

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    Charles Foster

    Immigration Attorney
    Answered on

    It would be impossible to tell you why your application for your immigrant visa based upon your approved EB-5 petition was denied without knowing more information. Normally, the consular officer during the course of the interview, by the nature of his or her questions, would give you an indication of what their concern was. Given the fact that you had an approved EB-5 petition, it's unlikely that was the basis of the denial. There is no administrative or judicial appeal of process. Through the consulate, you need to determine to the extent possible the reasons why the application was denied. It's not uncommon that cases be put into "administrative processing" when there's adverse information about one of the parties, which could simply be a name on which there's adverse information, and time is required to make sure that it is a different party.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    They must have given you a reason, a piece of paper explaining what section it was denied under. Yes, a consular can deny a visa, but they would have given a reason.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    No way of knowing unless I look at the case and have a very honest conversation with you. That said, consulate officers have a lot of power over their cases. No appeal, but you probably can re-apply for the green card. The I-526 approval is not affected by this.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Without access to the document or letter conveying the denial, which should contain a fair amount of the basis of the denial, it is virtually impossible to guess the reasons for the denial. Advisably, consult an attorney as soon as possible to review your case.

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