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Can you convert a B1 Visa to an EB-5 Visa?

I have got a B-1 visa. Can I legally transfer my status to an EB-5 visa? I have the $500,000 needed for the EB-5 visa. How much time would this take?

Answers

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    Given the processing times for an I-526, it is generally not possible to complete the necessary steps while in visitor status. You should discuss your options and visa strategies with immigration counsel to ensure you maintain proper status. Also important to remember that once you pursue permanent resident status in the U.S., you have shown your intent to immigrate to the U.S. as a legal permanent resident, at which point obtaining extensions in visitor status may no longer be an option.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Yes provided that your B1 has not expired and you have not overstayed. The approval will depend on the project you are investing in, minimum time frame we are looking at is about 6-8months from recipient.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    You may change your status from any non immigrant status to permanent residence. Therefore you may transfer fro a B visa to an EB5 visa. However, this may take a while. The time it takes for an approval of an EB5 depends on the investment, your source of funds, etc. We are available if you have any further questions.

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    Clem Turner

    Securities Attorney
    Answered on

    You should be able to adjust your status, the processing time from USCIS would be 4-6 months. You should contact an immigration attorney for more details.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Presently, I-526 petitions are taking about 8-9 months to process. Assuming you have been given 6 months period of stay in your B-1 status when you had entered the US and you filed your I-526 petition right away, you will not have sufficient time to receive an adjudication of your I-526 petition before expiration of your current B-1 period of stay in the US. You would likely need to extend your B-1 stay for up to additional 6 months but it may not necessarily be granted if you file I-526 petition expressing intent to immigrate to the US. It is also possible to change B-1 status to another nonimmigrant status, such as F-1 student status, for example, or a nonimmigrant work visa while you are awaiting adjudication of your I-526 petition. Only persons in another lawful immigration status in the US are eligible to file a green card application upon approval of their I-526 petition inside the US; otherwise, you will need to return to your home country before expiration of your current B-1 status and consular process your immigrant visa to enter the US as a conditional permanent resident upon approval of your I-526 petition. Do not hesitate to contact our office, should you have other questions or need further assistance.

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    Ying Lu

    Immigration Attorney
    Answered on

    Because B-1/B-2 visa is a non-immigrant visa, I will suggest you leave the U.S. and obtain your immigrant visa via consular processing in your home country.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    Currently, the application for an EB-5, Form I-526, is taking approximately 9 months to be processed. If you enter as a B-1, you will only be given 6 months and you will have to extend your visa. However, the granting of that extension is not guaranteed. If you have any other questions, please do not hesitate to contact me.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If a person is physically present in the United States in a lawful nonimmigrant status, e.g., B-1 status, at the time his or her I-526 petition is approved, and he or she is otherwise eligible to adjust status to conditional lawful permanent resident, then the answer is yes. Current processing time for I-485 application processing is four to six months.

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    Karen Weinstock

    Immigration Attorney
    Answered on

    Because the EB-5 petitions take a long time now, a B-1 is not a realistic status to change from. You may need another visa (such as work visa) to cover the time difference or leave the U.S. in the mean time. You should consult a lawyer about your options.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    Yes, but there must be a long enough stay in B-1 visa status for you to get the EB-5 visa approved. That is unlikely. It is more likely that you would return to your home country and undergo consular processing when the EB-5 visa is approved.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Based on your questions, you would benefit from a consultation appointment with an attorney who is experienced with EB-5 maters. Please call my office to schedule a consultation appointment with me.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Is the issue whether you can enter the U.S. on a B-1 and then adjust to that of a resident? I would recommend against that as it can be seen as fraud. You can, however, apply for the EB5 classification and receive your greencard in your home country.

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    Sufen Hilf

    Immigration Attorney
    Answered on

    It is possible. Whether you have enough time to change your status from. B to Eb05 depends on how soon your I526 is approved,which can be from 2-8 months.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The foreign national investor may have filed an I-526 petition and the adjudication processing may take several months. Subsequent to the filing of the I-526 petition,the foreign national investor may have entered the US under a B-1 visa and will be staying in the US under legal B-1 status.While in the US under B-1 status the I-526 petition is approved and on this basis the foreign national may file an I-485 application for adjustment to conditional permanent residency status.The adjustment process may take a few months.

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    Charlene Bu

    Immigration Attorney
    Answered on

    If you are currently in the U.S. on B-1 status, you can file an I-526 petition with all required supporting documents. If at the time the I-526 petition is approved you are still on your valid B-1 status, you may file an application to adjust your status from B-1 to that of permanent resident. If however, your authorized stay on B-1 status expires before the I-526 petition is approved. You will need to leave the country and apply for an immigrant visa oversea via consular processing after the I-526 petition gets approved.

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    You may apply for an EB-5 visa if you are in the US. If the visa is approved before your B1 status expires you may apply for adjustment of status. However, in such situations more information is needed as entry with a B1 visa followed by AOS raises questions since your intent on entry was as a non-immigrant. For further information please contact Rahbaran & Associates.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. Before you can apply for adjustment of status, your I-526 application must be approved (which is likely to take 6 months or longer). It''s not going to be easy to maintain your nonimmigrant status before you can file for adjustment. I am happy to discuss this further.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes but you would need to be in B-1 status when the I-485 is on file. Before the I-485 can be filed you will need an approved I-526 which will take 6-8 months currently.

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    Michael A Harris

    Immigration Attorney
    Answered on

    No, not exactly. See my profile for other similar questions. The EB-5 petition (i.e. the I-526) does not allow you to concurrently file for a green card. An I-526 may take up to a year, or longer. During the time it is pending, you may not be able to extend your B-1 stay here in order to ''fill the gap'' of time between B-1 status and an eventual green card based on an approved I-526.

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    Daniel P Hanlon

    Immigration Attorney
    Answered on

    Yes, it is possible to adjust one''s status from visitor to green card holder through an EB-5 immigrant investor petition. It generally takes 6-9 months, however, to obtain approval of an EB-5 investor petition.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you are in legal status, you could always change your status to something else. Thus, if you could maintain your B-1 status for about 12 months by applying for and obtaining extension of your stay, you should be able to adjust after getting your I-526 approved, which normally takes about 9 months to adjudicate by USCIS after filing. However, you need to move fairly quickly in choosing your investment vehicle and obtaining a seasoned EB-5 immigration lawyer who could prepare your petition quickly.

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    Samuel Arthur Sue

    Immigration Attorney
    Answered on

    You can convert if it is not too soon after arrival in the US.

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    Neville M Leslie

    Immigration Attorney
    Answered on

    Yes, 6-9 months.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Yes. 6 to 12 months.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Very dangerous. B-1 admission is usually short (although legally can be up to one year) but EB-5 adjudication, based on the current report is almost 1 year, so the B-1 may expire, never mind preconceived intent (visa fraud issues).

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