Inadmissibility Hurdles in an EB-5 Visa Application


Being inadmissible to the United States is perhaps the biggest fear of any aspiring applicant under the employment-based fifth preference category or EB-5 Immigrant Investor Visa Program. EB-5 visa applicant inadmissibilities may stem from problems in a foreign investor’s credentials, labor certification, health, criminal records, or security threat. One of the greatest mistakes investors can make is to not check that their application will not be hindered by these immigration roadblocks.

If you want to have the highest possible chance of getting that investor visa approved, make sure that you don’t fall into the most common profiles of an excludable alien.

Common Reasons for Being Inadmissible

EB-5 visa inadmissibility Although it is possible to be inadmissible only temporarily, it would be best to not match any of the excludable categories set by law. To check if you are admissible, ask yourself the following questions:

  • Being a public health risk. To avoid health-related inadmissibilities investors must submit themselves to a complete medical examination administered by a physician from the U.S. If you are processing your visa overseas, this can be done by a doctor designated by the U.S., or by a civil surgeon if you are petitioning for status adjustment.
    A qualified physician follows the protocols set by the Centers for Disease Control or CDC which includes proving records of vaccinations against communicable diseases like measles, polio, tuberculosis, and syphilis among others. One common mistake leading to the denial of a visa is failing to provide sufficient evidence of these vaccines. Aside from health threats, applicants who present a risk of harm to citizens may also be denied.
    A viable resolution to this roadblock is to secure a waiver for your medical inadmissibilities. If you have the required vaccine and just lack documentation, a waiver can be given if the vaccine is not medically necessary or violates religious convictions. Class A health inadmissibilities are generally waived if the individual is a child or spouse of a U.S. permanent resident or citizen. You may speak with an immigration attorney to check who else is eligible for a waiver under this category.
  • Having a record of criminal offenses. Having a previous record of offense, such as abuse of controlled substances, smuggling, prostitution, money-laundering, or crimes involving moral turpitude (CIMTs-those proven to be a deliberate attempt to harm another person either through a conviction or an admission of guilt), can lead to being permanently banned as an EB-5 visa applicant.
    According to the Immigration and Naturalization Act (INA), an immigrant visa applicant can only overcome this permanent bar by getting a discretionary waiver of inadmissibility based on criminal conduct. However, this only applies to those charged with CIMTs other than murder, torture, or any other drug-related offense. In rare instances, the inadmissibility is waived through an unconditional pardon from the U.S. President.
  • Misrepresenting oneself to gain entry. Misrepresentation of any personal information will also lead to having a permanent inability to enter the U.S. as an investor. This covers anyone with immigration violations, such as illegal entrants, overstays, previously removed aliens, or those falsely claiming U.S. citizenship. This also includes applicants who willfully chose not to disclose information relevant to the visa application.
    Getting a waiver for inadmissibility on the grounds of misrepresentation is perhaps the hardest to get. It can only be granted when the immigrating individual proves that his false claims of citizenship and misrepresentation was done to prevent extreme hardship to U.S. parents or a spouse.

Was your application for a U.S. EB-5 immigration visa denied due to any of the above reasons? Consider speaking with an immigration lawyer to discuss the possibility of being granted a waiver of inadmissibility.

Experienced Diener Law immigration attorneys can help investors review their case, screen for any inadmissibilities, and check the possibility for a waiver should an applicant belong to the list of aliens to be excluded from entry to the United States. Contact Diener Law Office at (888) 361-3349 for any assistance on adjustment of status, green cards, or if you require information on immigration law.

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