Will an investment in the EB-5 project “cure” a problem with unlawful presence?

EB-5 investors are subject to the same admissibility criteria as other classes of immigrants, i.e., when it comes to immigration, there is no special preference to EB-5 applicants with admissibility problems. Therefore, if an EB-5 investor has an admissibility problem, such as having been convicted of a crime of moral turpitude or being unlawfully present in the US for greater than six months, or must return to his home country for two years because of a J-1 visa requirement, an investment will not overcome the inadmissibility. However, in certain instances, a waiver may be available or a finding of inadmissibility may be challenged.

To discuss your concerns with an EB-5 application, contact the experienced EB-5 attorneys of White & Associates at 818-730-3540.