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Question:

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How can I change my E-2 to EB-5 if I have a waiver of ineligibility? I am currently in the United States on an E-2 visa having made a $250,000 investment for 50 percent of a business in 2013. I would like to acquire the remaining 50 percent of share capital from my shareholder who is retiring. The total investment I would be making in this entity is over $1 million, but that includes the initial $250,000. Furthermore, I am here with a waiver - 212(a)(2)(A)(i)(I) crimes involving moral turpitude and 212(a)(6)(C)(i) misrepresentation when applying for a visa or entry to the U.S. Would I be considered for EB-5 under these circumstances? How will a waiver of ineligibility affect my EB-5 application?

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Answers:

February 10, 2015 17:31 Ed Beshara

I would first retain the services of an EB-5 experienced Attorney who also has expertise in immigration taters such as waivers and obtaining permanent residency status. You can convert an E-2 status into an EB-5 status if you comply with EB-5 regulations and policies. If the investment requirement is $1 million or $500,000.00 the investment has to be derived from personal funds and not retained earrings being reinvest end the business. Waivers of grounds of inadmissibility may allow non- immigrant visa entry such as the E-2 visa but the same waivers may not allow the approval of US permanent residency. This is why you will need to consult with an experienced immigration attorney.

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