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How can I obtain an EB-5 visa while on another visa?

I have a B-1/B-2 visa. Will I be able to obtain an EB-5 visa? If I can, could I visit the U.S. during the process of getting the EB-5 visa?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    A B1/B2 visa is generally granted for a period of six months. The processing time of an I-526 petition is approximately 12 to 18 months exceeding the duration of a visitor visa. You may file for an extension of your visitor visa, but it is likely to be denied due to conflict of intent if you have filed an I-526 petition. A visitor visa holds a non-immigrant intent, which means the visitors intends to return to their home country. Filing an I-526 petition shows your intent to immigrate to the United States.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    The EB-5 process is takes approximately 12 to 14 months. If you enter with a B-1/b-2 visa, you are only allowed 6 months of stay, so you could not stay to wait for the response. However, you can travel to the United States while the I-526 is in process . If you have any other questions, please do not hesitate to contact me.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    You can apply for the EB5 while you have a B1/B2. There are no restrictions per se. However, be advised that an immigration officer can deny you entry at the port of arrival if they feel you are likely to remain in the country illegally.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes, you may obtain an EB-5 immigrant visa while you have a B-1/B-2 nonimmigrant visa. Each time you enter the United States, the intended purpose of your entry should be consistent with the type of visa you use to enter. Therefore, while you have your B-1/B-2 visa, you may use it to enter the United States as long as your visit is temporary and for business or pleasure. If you intend to permanently reside in the United States, then the EB-5 immigrant visa is appropriate. The issue is traveling on your B-1/B-2 visitor''s visa while your EB-5 petition/application is in process. It is better to wait for your EB-5 immigrant visa (if you are immigrant visa processing abroad at a U.S. consulate) or to apply for adjustment of status in the United States (if you are in valid nonimmigrant status when your I-526 petition is approved) and wait for the travel document before you leave the United States for travel.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Since the EB-5 visa is am immigrant visa, obtaining a non-immigrant visa, which requires you to show and prove you intend to leave the United States would be difficult. However, if you have a longer-term nonimmigrant visa, you could be able to remain in the United States while the I-526 is pending.

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    Igor Serbinin

    Immigration Attorney
    Answered on

    You will need to file I-526 with supporting documentation (lots of it). If approved, your B1/B2 will be cancelled automatically and you will receive EB-5 classification. Yes, you can visit the United States while applying for EB-5 on B1/B2 nonimmigrant visitor classification, however you have to be upfront with CBP when entering the country about your intent to receive immigrant classification such as EB5. If you try to do it without experienced immigration attorney advice, most likely you will lose time and money.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    You can apply for the EB-5 visa from abroad, in the United States, or on the moon. If you are on a valid status in the United States and you receive your approval for EB5 visa while you are on a valid status, you can adjust your status in the United States if your status is still correct at the time of filing your adjustment of status application. While your EB-5 visa is pending, you can travel to and from the United States. If your EB5 visa is approved and you enter on a B2 visa after the application is approved, you may not be able to adjust in the United States, as you maybe found to violate your non-immigrant visa status since the argument is going to be that you entered to adjust your status, hence had an immigrant intent at the time of entry, so your B2 visa entry is not valid.

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    Ed Beshara

    Immigration Attorney
    Answered on

    To answer your question, we will have to analyze the timeline of the EB-5 process for you obtaining conditional permanent residence. The EB-5 process will involve the first step for you as the foreign national investor filing the I-526 petition with USCIS. The process of adjudication by USCIS of the I-526 petition may take several months, more or less. The filing of the I-526 petition does not authorize you to stay in the United States during the I-526 process. After the filing of the I-526 petition, you may enter into the United States as a B1/B2 visitor, with the intent to stay for a temporary authorized period of stay and then have the intent to leave the United States and return home. Your B1/B2 temporary authorized period of stay may only be for six months. That is, authorized B1/B2 status in the United States will probably be less than the time it takes USCIS to adjudicate the I-526 petition. You may request an extension of B1/B2 status for an additional period of temporary stay, however the B1/B2 petition for extension will ask if you had filed an immigrant petition and in this case the answer would be yes. USCIS may not extend your B1/B2 status for temporary stay as your filing of the I-526 petition may indicate an immigrant intent, which may not be consistent with your temporary intent and your application for extension of B1/B2 status United States. However, if you are visiting the United States under B1/B2 status for an authorized period of stay and if during this period of time the I-526 petition is approved, you may file an application for conditional permanent residency with USCIS so that you will obtain your conditional permanent residency while in the United States.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    The EB-5 program is a basis for applying for permanent residence. If, at the time your I-526 petition is granted, you are overseas, you will go and get an immigrant visa (allowing you to come and live in the United States) at the consulate. If you''re already in the United States in some other status (e.g., B-1/B-2), you can apply for adjustment of status without leaving the United States. And yes, you can use your existing B-1/B-2 visa to visit the United States while your I-526 petition is pending.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The B-1/B-2 is a nonimmigrant visa. During the first stage of the EB-5 you are just applying to qualify in that category. During the second stage, you are applying for the immigrant visa. During the first stage you probably can keep the B-1/B-2 if your purpose to come is short and your ties to your home country are strong. It may be more difficult though once the immigrant visa stage has begun.

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    Rebecca White

    Immigration Attorney
    Answered on

    You may be able to visit the United States during the time the application is pending, but admission will require a strong showing of an intent to return and not overstay the visitor terms. If you are already in the United States visiting, depending upon the length of stay and the application timeline, it may be possible to request a change of status while within the United States.

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    Michael A Harris

    Immigration Attorney
    Answered on

    Once you have filed for the EB-5, seeking to enter the United States as a tourist can be tricky. This is because a tourist must have the intention to return home. The EB-5 petition may signal to the U.S. customs officer that you have the intent to live here permanently. To be discuss this, I would be happy to speak with you.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    While the filing for an EB-5 green card may impact your ability to obtain a new visitors or student visa, ordinarily they will not be cancelled merely because you apply. Therefore, you usually can visit while the application is being processed, provided you can show you plan to leave, and don''t plan to adjust your status in the United States to green card.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    You have a few issues in this question. The first question is whether you can file for an EB5 classification while you have another visa. Yes, you may. The second issue involves traveling to the United States. You may travel while your I-526 petition is pending. I would note, however, that you must maintain your intention to receive your residency in your home county by consular processing and not by filing for adjustment. Your attorney will be able to guide you on what to say if asked questions at the port of entry.

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