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Will a tourist visa affect my pending EB-5 application?

I have had an EB-5 application pending since 2017. I now need to visit the U.S. on a tourist visa. Will that affect my EB-5, considering I held a J-1 in 2015, got a two-year waiver approved in 2016, and an F-1 visa denied in 2017?

Answers

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    You can be admitted to the U.S. in B-2 status if you will stay in the U.S. for a limited period of time.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    A tourist visa should not affect a pending EB-5 petition.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    A tourist visa will not affect a pending I-526 petition. However, the fact that you have demonstrated an immigrant intent by filing your I-526 petition may cause problems for you to either obtain a new tourist visa or get admitted to the U.S. on a tourist visa, unless you have indicated you would consular process for an immigrant visa abroad upon approval of EB-5 petition and if you convince a consular or CBP officer to his or her satisfaction that you are coming temporarily and continue to have ties to your home country.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The fact that your student visa was denied in 2017 indicated that you likely had trouble overcoming section 214(b), requiring you to have an unrelinquished residence abroad. The visitor visa also requires you to meet this requirement, so it is likely that the filing of the immigrant visa petition together with other factors may make it harder to get a visitor's visa. That being said, if you have a legitimate reason to visit and new and compelling ties, there may be a chance.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you need to visit the U.S. on a B-1/B-2 visitor visa with a pending EB-5 investor petition on Form I-526, such a visit would have no effect whatsoever on your I-526 petition. However, when you seek to enter the U.S., if asked, you must disclose that you have a long-term intent to become a permanent resident and that you have a pending I-526 petition but that, if true, you have a temporary intent to visit the U.S., that your EB-5 petition has yet to be approved and that you will return to your home country to apply for your immigrant visa. This is called "dual intent."

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    Sarah Xiao Qian Mu

    Immigration Attorney
    Answered on

    No, it will not affect your EB-5 application. The question should be reversed: whether the pending EB-5 application may affect your tourist visa.

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    Stephen Berman

    Immigration Attorney
    Answered on

    No, it should not have any impact on an EB-5 application.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    You might face some challenges applying for the B-1/B-2 visa (assuming you do not have one yet). If you do already have a B-1/B-2 visa, generally, your tourist entry to the U.S. should have no considerable impact on your EB-5 application. The F-1 visa denial should also have no impact on the EB-5 application (unless the F-1 denials was based on some admissibility issues).

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    You may not receive a tourist visa, but applying for it should not have adverse affects on your pending I-526. You must be truthful on your DS-160. A misrep charge is the last thing you need.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    No. If you can get the visa, buy a round-trip ticket and come visit. No one can guarantee that you will be admitted when you land, but entry to the USA on a tourist visa will not affect your EB-5 application.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    A tourist visa will not affect your EB-5 process, especially if you stated that you will do consulate processing after I-526 is approved. However, having that I-526 pending may negatively affect your non-immigrant visa application, as you have shown your intent to immigrate. They do not want you to come in under a non-immigrant visa and then apply for an adjustment of status when I-526 is approved, which could have been likely under an F-1 visa. This is why your F-1 visa probably was denied. For the visitor visa (B-1/B-2), you will have to convince them that you are only going to visit for a short time and you will do consulate processing for an immigrant visa after your I-526 is approved.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I see more of a possibility that you will not get the B visa, rather than anything affecting the I-526 petition. I would need to know more about the circumstances of the 2017 denial, how far along you are in the EB-5 process, and more to assist, but with the right information we can make a plan of action.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You traveling to the U.S. on a valid visitor's visa has no affect on your pending EB-5 application. However, you may be questioned at the port of entry regarding your non-immigrant intent since you have a pending immigrant petition. You will need to demonstrate your temporary/non-immigrant intent for the visit with future intent for permanent residency.

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