Costly
Mistakes: How
Inadmissibility
Can Upset Your
EB-5 Plans
Options for investors when a
past mistake puts a stop to
their immigration dreams.
By Steven D. Heller
S
o, you’re ready to invest in the American Dream.
You’ve got the money and a squeaky clean transfer
of funds from your personal accounts to your chosen U.S.
investment. You are the poster child for EB-5 investors
and your I-526 sailed through processing. You have just
one problem: when you were 20 you were convicted of
cocaine possession. Under current U.S. immigration law,
you can never get an immigrant visa and that means
your EB-5 American Dream has become a million-dollar
nightmare.
It’s tempting to think the EB-5 program is all about the
money, but there’s more to it. Like any visa application,
EB-5 applicants must also satisfy basic admissibility
requirements.
There are various grounds for visa refusal and possible
ways to avoid and contest inadmissibility findings and
whether waivers may be available. Sometimes, waivers
may not be available to immigrants, but may be available
to non-immigrants.
HOUSTON, WE HAVE A PROBLEM
Section 212(a) of the Immigration and Nationality Act
lists ten categories of excludable aliens, individuals
who are inadmissible to the United States due to
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EB5 INVESTORS M AGAZINE