Grounds for Inadmissibility in an Eb-5 Investor Visa


If you’re a foreign national who wishes to live in the U.S., there are several ways to apply for a legal permanent resident status. To qualify for an immigrant visa, you must either be sponsored by a green card holder, a U.S. citizen, or a U.S. employer. However, if you’re an investor seeking to immigrate to the U.S., then the EB-5 Investor Visa (employment-based fifth preference category) is right for you. 

An Eb-5 allows alien investors to become permanent residents in the U.S. right after entering the country. However, there are a few things that an aspiring immigrant through the EB-5 Investor Visa. The grounds for inadmissibility in an EB-5 visa may come from some issues. It may be because of issues in the foreign investor’s labor certification, criminal records, health, security threat, or credentials. To make sure that your U.S. green card application goes smoothly, you have to check if your immigration process will be affected by these hurdles.

If you think you’re inadmissible, immigration laws may allow you to apply for a waiver of inadmissibility or other forms of relief. To help you with your case, reach out to experienced immigration attorneys in Florida.

Reasons Why You May Be Inadmissible

Eb-5 Investor VisaWhen you apply for a Green Card, you must first be admissible to the U.S. In general, the USCIS office will only approve your Green Card Application if none of the grounds of inadmissibility apply to you. 

To check if you’re admissible to apply for a permanent resident card, see the list below:

  • Health-related grounds. To avoid grounds for inadmissibility that’s health-related, the applicant must undergo a complete physical examination that is administered by a U.S. physician. If your visa application is being processed abroad, your examination must be done by a U.S. recognized physician, or by a civil physician if you’re petitioning for an adjustment of status. Any qualified doctor will follow the protocols assigned by the Center for Disease Control (CDC) which includes providing proof of vaccination against communicable diseases. Failing to provide proof that you’ve been vaccinated is one of the most common mistakes that leads to a visa denial. Individuals who also present possible harm to citizens can also be denied. To avoid these obstacles, you can secure a waiver from your physician. To check if you’re eligible for a waiver, consult with a Florida immigration attorney.
  • Criminal and Related Grounds. If you have a previous offense record, such as illegal substance abuse, prostitution, money laundering, smuggling, or crimes involving moral turpitude (CIMT), then it could lead to you being permanently banned from applying for an EB-5 visa. In the Immigration and Naturalization Act (INA), an applicant can have this permanent bar reversed by meeting the statutory requirements for a discretionary waiver of inadmissibility. Although, it only applies to applicants charged with CIMT’s except torture, murders, or any drug-related offense. In rare cases, the inadmissibility can be waived by an unconditional pardon from the president of the United States.
  • Misrepresentation. Any misrepresentation of personal information may also lead to permanent ineligibility to enter the country and gain permanent residence as an investor. This includes immigration law violations such as overstaying, illegal entry, removed aliens, or false claims of American citizenship. It also includes individuals who willfully withheld information related to their visa application. An inadmissibility waiver for this kind of class can be hard to get. A waiver can be granted only to the applicant if it can be proven that their false claims were done only to prevent any hardship for the U.S. parent or spouse.

If you think that your application might be denied because of any of the above reasons, reach out to a Florida immigration attorney right away. They can assist you in processing your immigration papers and other supporting documents needed for your application. 

Our Florida immigration lawyers can also help you if the application you submitted for an EB-5 visa was also rejected due to any of the reasons above. Talk to us about your chances of being given a waiver of inadmissibility.

AmLaw Group immigration lawyers in Florida can assist you in reviewing your case, check for any inadmissibilities or the possibility of a waiver in case you belong to any of the alien classes that are ineligible for a visa or admission to the U.S. Contact us today so we can provide you with the immigration services you need.

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