You sent in your EB-5 visa application to USCIS, and now there’s nothing else to do but wait. After months of poring over forms and making copies of documents, you’re waiting for the letter in the mail that says you can begin your life in the United States. But will that letter offer open arms, or a regretful rejection?

The most common reasons for petition denial:

  • Insufficient proof of funds. USCIS requires a wealth of documentation to prove that the source of funds for your investment is sufficient to sustain your business and was not obtained illegally. Many applicants are unwilling to release their financial information to the U.S. government, only to have their applications denied on the basis of insufficient evidence.
  • Previous violations. Applicants who have overstayed a previous visa, have outstanding public charges in the United States (such as healthcare or court costs), or were formerly convicted of a drug violation or another serious crime may be denied a visa.
  • Job creation issues. USCIS may not believe that your business will meet the required job creation requirements and deny your application. In this case, you may merely need to create a new business plan that will create at least 10 new jobs in the course of your investment.

If you have had your EB-5 investment application denied, the attorneys at Jatoi & de Kirby, A.P.C. can help you re-apply and get your petition approved. Contact us to get started.

Vaughan de Kirby
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San Francisco California EB-5 Investment Immigration Attorney
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