Attorney Ilya Fishkin on Green Card Denials and EB-5 Investor Visa Delays
Immigration attorney Ilya Fishkin breaks down two urgent risks under new Trump administration policy: the 10-year bar triggered by a green card denial and stalled EB-5 investor cases as mandamus lawsuits face new obstacles.
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Immigration attorney Ilya Fishkin held a live stream addressing the consequences of the new Trump administration memorandum for immigrants pursuing a green card from inside the United States. ImmigrantNews.pro is publishing key excerpts from the broadcast covering two pressing issues: the risk of the 10-year bar when a green card is denied, and the situation facing EB-5 investor visa applicants. This material is informational and analytical in nature and does not constitute legal advice.
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The attorney explains the mechanism that is triggered when a green card is denied for individuals who remained in the U.S. for an extended period without status, and clarifies the role that a waiver plays in that situation.
The attorney addresses the situation of investors who contributed funds through the EB-5 program, in a context of prolonged processing times and a shifting judicial landscape regarding mandamus lawsuits.
Both cases discussed in the broadcast reflect a broader trend: the immigration enforcement environment in the U.S. continues to shift and is affecting individuals with vastly different profiles and resources. The editorial team will continue to monitor developments and publish up-to-date commentary from practicing specialists.
Frequently Asked Questions
What is the 10-year bar and when does it apply to green card applicants?
The 10-year bar is triggered when a person who stayed in the U.S. illegally for an extended period is denied a green card and must return to their home country, preventing them from re-entering the U.S. for 10 years. The person typically learns about this consequence after attending their interview and receiving a denial.
What happens after a green card is denied due to unlawful presence — is there any remedy?
After a denial, the applicant may be told to file a waiver, which can serve as a potential remedy in this situation. However, attorney Ilya Fishkin notes that approximately 9 percent of attorneys do not know how to properly handle this waiver, and if done correctly, adjudication currently takes about two years.
What challenges are EB-5 investor visa applicants currently facing?
EB-5 investor applicants face extremely long processing times and an increasingly difficult legal landscape, as mandamus lawsuits — a tool used to compel action on delayed cases — have started being denied. The required investment amount currently stands at $800,000, down from the previous threshold of $1,000,000.
Who is attorney Ilya Fishkin and what was the context of his commentary?
Ilya Fishkin is an immigration attorney with nearly 20 years of experience who held a live stream addressing the consequences of a new Trump administration memorandum for immigrants pursuing a green card from inside the U.S. ImmigrantNews.pro published key excerpts from the broadcast covering the 10-year bar risk and the EB-5 investor visa situation.