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Will my visa denial history impact my ability of getting an EB-5 visa?

I am from Singapore and was once denied a student visa under Section 214(b) of the United States Immigration and Nationality Act due to poor academic results about 10 years ago. I am thinking of getting a green card through the EB-5 program. Will this student visa denial affect my eligibility to get an EB-5 visa or a green card?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Based upon the general facts you have stated you are likely to be approved for conditional permanent residency based upon the EB-5 petition. You will need to provide additional facts to your immigration attorney for review and comment.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    No, section 214(b) denial due to failure to demonstrate a non-immigrant intent is not going to affect your eligibility to apply for EB-5.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    No, a 214(b) denial would not affect your EB-5 processing, since it only applies to non-immigrant visa categories.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    214(b) typically is used by consular officers who find that the applicant was not able to overcome the presumption that the applicant for a non-immigrant visa is in fact an intending immigrant to the United States. 214(b) is not a valid refusal ground for an immigrant case, such as EB-5. Therefore, you should not have any issue with the previous student visa refusal.

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    Ying Lu

    Immigration Attorney
    Answered on

    The denial of a student visa should not affect your green card application.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    A section 214(b) denial will not adversely impact your EB-5 application. It is only where you have a denial based on inadmissibility, such as criminality or misrepresentation. Usually section 212(a) denials that are a problem.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    A denial of student visa application should not in any way affect your EB-5 application this time around. You should certainly disclose it in your EB-5 application, though, which I am certain your immigration attorney will as long as he or she is aware of it.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    This alone will not be grounds to deny an EB-5 based (or any) green card application. 214(b) alleges "immigrant intent," which would be fatal to a student visa application but is consistent with a green card application. You should, of course, consult with an experienced immigration lawyer to discuss all of the facts and circumstances of your case.

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    Stephen Berman

    Immigration Attorney
    Answered on

    No, denial of a student visa is not a bar to admission to the U.S.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The immigrant visa application or adjustment of status application will ask about immigration history. Be prepared to fully explain the circumstances and how the situation has been remedied.

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    Mark Davies

    Immigration Attorney
    Answered on

    The student denial should not affect your case but we would want to request a full copy of your immigration records from the U.S. government and review them.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    This should not impact your EB-5 application. However, please make certain you discuss this fully with your investment immigration attorney.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You should be OK.

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    Charles Foster

    Immigration Attorney
    Answered on

    The denial of your F-1 student visa ten years ago, under Section 214(b) of the Immigration and Nationality Act, should not in any way negatively impact your eligibility to qualify for a lawful permanent residency through the EB-5 program by filing a petition on Form I-526.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Visa denial under 214(b) is for the non-immigrant visa category where the consulate officer does not believe that you have familiar, financial or community ties enough to come back home. A bad student is not believed to be going to U.S. to study but would violate visa status. When you apply for the EB-5, you are applying for an immigrant visa and 214(b) issue does not exist.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Previous student visa denial as a result of poor academic results should not impact the opportunity to get an EB-5 visa. This is because the circumstances are different, not only because of the types of visas involved but the requirements applicable to each visa. However, disclose the denial in your EB-5 visa petition if asked to avoid an allegation of misrepresentation.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It should not, as long as you disclose it.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    No.

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