You have finally completed all of the necessary paperwork for your EB-5 green card visa, but there are still many steps to take before approval. During consular processing, you will find out what your next steps are to be.
When applying for an EB-5 visa, your consular officer is responsible for telling you if you are:
- Qualified. During your visa interview, the consular officer will consider whether you are qualified for the type of visa for which you are applying. This involves examining U.S. laws for your visa category, ensuring that you are legally allowed to receive your visa.
- Ineligible. If the consular officer finds that you are ineligible to receive any type of visa, your visa application will be denied. There are many different kinds of ineligibilities. Some can be removed, usually by filing additional paperwork stating that the reason for your ineligibility has been cleared or does not apply. Some ineligibilities are permanent, meaning that any visa application you submit will be denied under the same section of immigration law.
- Approved or Denied. Under the terms of the Immigration and Nationality Act, consular officers are given sole authority to approve or deny all visa applications. If your petition is denied, the officer is required to provide a viable reason for the denial.
If you were deemed ineligible for an EB-5 visa, our EB-5 immigration attorneys can help. At Jatoi & de Kirby, A.P.C., we can determine whether your denial may be appealed, file a waiver authorized by the Department of Homeland Security on your behalf, and help you determine your next steps for your U.S. investment.
Contact us for more information.