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How can Canadians navigate EB-5?

Are Canadians allowed to file adjustment of status (in our case from B2 status to conditional permanent resident under EB5), I thought the rule only prohibits people under Visa Waiver program. It does not mention Canadians. Can you please clarify? Is preconceived intent an issue for AOS?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    Preconceived intent could be a problem. Canadians may enter the United States as a visitor and then file for his I-526 if no preconceived intent exists before entering the United States. Please note Canadian citizens do not need a visa to enter the United States if the entrance is directly from Canada for the purpose of visiting or studying.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    Anyone could adjust status as long as the person is in valid visa status and was lawfully admitted with inspectionshown by I-94 and Visa. One may not adjust if they came into the U.S. under a Visa Waiver program, which many Canadians could do.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Generally, once cannot adjust from the Visa Waiver Program to an Immigrant Visa. Adjustment from another non-immigrant visa is possible (as long as there is no dual intent issue) and consulate processing is always an option. Creating an approvable US Immigration plan is best served with the assistance of experienced US Immigration counsel, like the attorneys at our firm can provide.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Canadian Citizens may apply for Adjustment of Status to Permanent Residents in the U.S., even if they entered w/o a visa since Canadians do not require a visa to enter to U.S. (with certain exceptions such as E-2 visa, etc.)

  • Avatar

    Michael A Harris

    Immigration Attorney
    Answered on

    Preconceived intent is always a potential issue for a tourist, and generally for adjustment of status.

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    Charles H Kuck

    Immigration Attorney
    Answered on

    You can file an adjustment of status, if you have an approved I-526, and have been in the US longer than 60 days.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Canadians if they are in legal status in the U.S. (except under the visa waiver status), can apply for adjustment in the U.S.to conditional permanent residency. Of course the intent to file for adjustment in the U.S. only developed after the investor had arrived in the U.S.

  • Avatar

    Philip H Teplen

    Immigration Attorney
    Answered on

    Preconceived (dual intent) is a factor to be considered but adjustment from a B visa is permitted; including Canadians. If you need assistance, please call our office.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes Canadians can adjust from the Canadian visitor status if they are within 6 months of entry and haven''t worked without authorization. At the time they enter as visitors they should not have the intent to remain in the U.S. though; if this intent is formed later it is possible. The time from I-526 approval until receipt of the green card is likely to be much shorter processing at the consulate in Montreal though then filing to adjust status here.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; Canadians are admitted as visitors, and eligible to file for adjustment of status. While there is no restriction on Canadians adjusting status, as there is with a visa waiver entrant, there are documentary and evidentiary issues related to a Canadian''s lawful entry (how, when, where, was it with inspection?, etc.). Preconceived intent typically is not an issue in adjustment of status cases, it depends upon the district. Certainly, any misrepresentation, if knowing and material, would be a huge problem. Also, keep in mind that a grant of adjustment of status is discretionary, so you want to be careful in how you handle and document your admissibility. It is a good idea to have an experienced immigration attorney represent you in such a case.

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