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A lexander P erez
is an attorney with Foster LLP, a full-
service immigration law firm headquartered in Houston, Texas.
Perez focuses on business immigration matters, particularly
those related to EB-5 investments. Perez represents foreign
nationals in the preparation and filing of immigrant investor
petitions and advises clients regarding their lawful source of
investment funds. He advises regional centers and project
developers on setting up and structuring their EB-5 projects.
Perez also represents clients with other non-immigrant visas.
Perez earned his J.D. from Vanderbilt University and his B.A. in
economics from Rice University.
Y iting "D ora " H u
INABILITY TO ENTER THE U.S.
WITHIN VISA VALIDITY PERIOD
If possible, the EB-5 investor should make the initial
entry to the United States while the immigrant visa
is valid. However, should you not be able to, it does
not invalidate your EB-5 application. Legally and
subject to limitation, the visa applicant is still able to
rely on the approved Form I-526 petition and request
another immigrant visa to be issued. Note that it
will be treated as a new consular application, where
one should expect to pay the fees and go through
NVC application again before being scheduled for an
immigrant visa interview.
Consular processing is a rigorous process focused
primarily on the admissibility of the EB-5 investor and
his or her family. It is also a process that should have a
predictable result. If the EB-5 investor is working with
an experienced immigration counsel who provides the
proper vetting and support, then the EB-5 investor and
dependents will most likely be successful.
is an attorney at Foster LLP in the
Houston office. She works primarily on employment-based
business and investment immigration matters, including
EB-5 regional center and investor work. Hu received her
LL.B. in international economic law from the University of
Business and International Economics in Beijing, China, and
an LL.M. in comparative law from the University of Florida
Levin College of Law in 2004. She graduated with a J.D.
from the University of Houston Law Center and is licensed
in the state of New York.
Sources
1
See 22 C.F.R. § 42.62.
2
Inadmissible aliens are defined in 8 U.S.C. § 1182.
3
A review of all grounds of inadmissibility and any available waivers is beyond the
scope of this article.
4
See https://www.dhs.gov/blue-campaign/collaboration.
5
See also https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports/
MOU_5.11.2018.pdf.
6
Currently, the nations included in the travel ban are Chad, Iran, Libya, North
Korea, Syria, Venezuela, and Yemen. See https://www.whitehouse.gov/
presidential-actions/presidential-proclamation-enhancing-vetting-capabilities-
processes-detecting-attempted-entry-united-states-terrorists-public-safety-
threats/.
7
See § 3(c) (https://www.whitehouse.gov/presidential-actions/presidential-
proclamation-enhancing-vetting-capabilities-processes-detecting-attempted-
entry-united-states-terrorists-public-safety-threats/).
8
The USCIS Immigrant Fee may be paid online at: https://my.uscis.gov/uscis-
immigrant-fee/.