Quote:
Originally Posted by moto
in the op it says "The policy initiative also intends to facilitate work visa applications for DACA recipients and undocumented individuals who have received a bachelor’s or higher degree from an accredited U.S. higher education institution.". would it work for EB5 visa applications even if one is not married to a citizen? or does it only work if one is married to a citizen? it would be pointless to go through employment route if you already married to a citizen.
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Yeah I focused too much on the first part I guess.
Second part is the non-immigrant visa waiver under 212(d)(3). There's a number of issues with using that thing though:
1. The waiver is only available from abroad
2. Consulates are in principle almost sovereign entities, if they deny you - you have no appeal rights.
3. The waiver is applicable only to the visa category it is issued for, so if you get a change of status you'll need another one if you travel abroad.
4. It doesn't waive any inadmissibility for immigrant visas and AOS, so for purposes of AOS you'll still have a 10 year ban and need an I-601. That's an issue with something like an H-1B which can normally be only issued for 3 years and renewed for another 3. Past 6 years renewals require an I-140 that was pending for over a year (1 year increment renewal) or backlog (3 year increment renewal), so unless you're Indian or Chinese you won't get to cheese out further renewals to fully wait out the ban.
Overall, unless you're in a position like Carnivore (you left US and first hand experienced "POV: you are going to Brazil"), I wouldn't recommend bothering with this one.
To answer the actual question presented: Would this work for an EB-5? Nope. You'd still have a 10 year ban and would need a USC/LPR Spouse/Parent for an I-601 to get around it. I suppose your spouse could be the primary on the I-526 and once your spouse adjusts you could use them for an I-601.