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Potential EB5 Investor denied B visa
Hi: I had a client who was interested in traveling to the US to look at our Regional Center. He is a Macau resident (So he applies in the Hong Kong Consulate). He is a high net worth person. He showed he owns millions of USD in property in Macau, had about 1 million USD in a Macau bank account, substantial business, children in best schools, etc. He, his wife, and their 2 children were DENIED their B2 travel visa because the visa officer said that they "had shown intent to immigrate to the US". I understand US visas well, but this is crazy. The family clearly was not considering immigrating on this trip! They were honest and forthcoming about their desire to make an informed decision about the EB-5 investment and immigrating to the US.
This, of course, paints a very bad picture for EB-5 and for the US Consulate in Hong Kong about welcoming US investors. The man was so upset (since every other Macau resident that day received a visa) that he said "EB5 must be a scam. Why else would the US Consulate treat me this way"
Any advice about how to reapply. Also, just a heads up to other people. Better not to be forthcoming if you have a client who wants to visit America before he signs any EB-5 contracts
You will find that sometimes when you are honest in your disclosure but that particular disclosure has something to do with immigration, you get into more trouble when it comes to tourist visa applications. Whenever you bring up the fact that you are going to US to check on EB-5 case, the consular officer will automatically think "Hey, this guy may not return and adjust in the US". They don't understand that it's very, very difficult to enter the U.S. and get I-526 approved and then adjust, because there is no concurrent filing process (this is why I am personally against the concurrent filing process) and it takes 6 months or more to get I-526 approved, under the US immigration law. Besides, EB-5 investors are the least likely group to try to evade U.S. immigration law.
I would say get a letter from a regional center explaining all this and apply again. But I agree with you that this kind of action is bad for EB-5 Program. Also, tell the visa applicant to act humble because I found that sometimes consular officers understandably don't like rich visa applicants who do not act "humble" enough. For that matter, they also don't like immigration attorneys who are not humble enough. There are consular officers who don't even like "humble" immigration attorney like the author. Do I blame them? No, that's they way the world is now days.
i have helped a couple guys over to check on EB5 RC projects. contact me at artisanbusiness@yahoo.com
brian