- Who is eligible to receive immigration benefits from my EB-5 investment?
- How does EB-5 work when investing through a Regional Center?
- What is EB-5?
- What are the protections and guarantees in Behring Regional Center EB-5 projects?
- Can I travel outside the US for extended periods after I get my green card?
- Can I include my family members on my EB-5 visa petition?
- When can I apply for US citizenship?
- Is EB-5 a passive investment?
- How long must I remain in the U.S. each year?
- What is a reentry permit?
- Can adopted children immigrate with me on EB-5?
- What is a New Commercial Enterprise?
- Are there any nationality restrictions for EB-5 applicants?
- USCIS requires EB-5 investments to be “at-risk”, so how do your projects have guarantees?
- What are the EB-5 Investment Requirements?
- Can I apply if I've been rejected or terminated in the past by USCIS for a different visa application?
- May two or more investors qualify for immigration based upon a pooled investment in a single business?
- What is the I-526 Petition?
- What is the USCIS background check?
- What Can Disqualify an Investor from Participating in the EB-5 Program?
- What is an I-829 Petition?
- What is a I-485 Petition
- Accredited Investor
- Partial Payments
- Source of Funds
- Can I use a loan for EB-5?
- What documents need to be translated when filing the I-526 petition?
- Can I Use a Gift for EB-5?
- Can I Use 401(k) funds for EB-5 investment?
- I don't have $800K in cash. What are my options?
- What is the Source of Funds Report?
- 5 Things EB-5 Investors Can Do Preparing for Their Source of Funds Report
- Regional Center
- Targeted Employment Area
- Job Creation
- EB-2 / EB-3
What Can Disqualify an Investor from Participating in the EB-5 Program?
So long as the EB-5 investor meets the basic EB-5 requirements, there are few events that would disqualify the person from obtaining an EB-5 visa. These include:
Being a public health risk.
Having a serious criminal record (e.g. aggravated felonies or crimes of moral turpitude).
Making misrepresentations to gain U.S. entry or prior visa fraud.
Overstaying visa or having unlawful presence in the U.S.
While EB-5 investors may still file the I-526 petition, once it is approved the presence of any of these factors may make an EB-5 investor inadmissible to enter the U.S. or adjust status as a permanent resident.
Therefore, it is strongly recommended that potential EB-5 investors consult with their immigration attorney before filing the I-526 petition and fully disclose any potential issues that may lead to potential inadmissibility. This includes all prior visa history, overstays, as well as giving birth to children in the US while on a non-work visa.
In several instances, the EB-5 investor may be eligible for a waiver.