Hello, I’m Vaughan de Kirby. I’m an investment immigration attorney based here in San Francisco. Today I thought I’d address some frequently asked questions that just came up from clients, so we’ve got three here. Maybe they won’t be yours, but they may belong to some people.
The first question is can I apply for EB-5 if I have been rejected in the past for a visa? The very simple answer to that question is yes. The fact that you’ve been denied in the past does not affect your right to file for EB-5. However, if you’re working with an immigration attorney, make sure you give him or her all the information regarding your prior applications, because they’re part of your permanent record with USCIS, and they will be reviewed by the officer. Talk to your immigration attorney about any rejections you might have had in the past, the basis for those rejections in your mind, so that he or she has a full understanding of your history in your visa applications.
The second question we have today is what is the difference between the rights and privileges of a United States Citizen and a United States Permanent Resident? Many of the privileges that enjoyed by citizens are also enjoyed by permanent residents. Many public benefits are available to permanent residents. The one thing that you must obviously know is that you cannot vote in an election and you will be subject to United States taxation.
The third question we have is what happens if I’m in the United States on a visa at the time my I-526, my EB-5 application is approved? And the answer is, it’s a good answer for you, because it means you can adjust generally in the United States. You file an I-485 with USCIS, and you can actually receive your Green Card in the United States. If you’re in a foreign jurisdiction, you’re going to need to go through the consular process.
I hope this was helpful to you. If you have further questions, please don't hesitate to contact us or call 415-221-2345.