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How can I use my B-1 visa while applying for EB-5?

I intend to apply for EB-5 visa at Jan. 2014 and I have now B1-B2 visa valid until 2017. Can I enter USA (several times) at any time after I submit for I-526 using my B1-B2 valid visa until the approval of I-526 (I know it may take 6-12 months)?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Please note that a B-1 visa is not a dual intent visa, meaning you cannot pursue residence or have immigration intent within the period authorized by the B visa. You may encounter entry issues once I-526 has been filed. Immigration may deem you as misrepresenting your intent on your visitor visa if determined your sole reason for your visitor visa is to apply for I-526 status. It is best to await your I-526 petition approval and go through consular processing to avoid any issues.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    While there is no prohibition on you reentering the USA on a B1-B2 while you have a I-526 pending, please bear in mind that the Immigration officers may and can refuse entry and turn you back.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes but there is a built-in conflict of intent as a B-1 intends to return to the home country and the I-526 indicates an intent to apply for permanent residency. Be sure to keep up your ties in your home country. I suggest you request consular processing on the I-526. If you happen to be in the U.S. once the I-526 is approved, you would have the option then to apply to adjust status instead of consular processing but consular processing should be your intent during the process.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    You can enter the US with your B-1/B-2 visa after you file the I-526. However, please note that the processing times for the I-526 are between 12 and 14 months, so you might have to leave the country after your 6 month stay. If you have any other questions, please do not hesitate to contact me.

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    Rachel Lew

    Immigration Attorney
    Answered on

    Because your B1/B2 visa carries non-immigrant intent which conflicts with that of EB-5 immigrant visa, it is better for you to await your I-526 petition approval and then proceed with counselor processing.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A B-1/B-2 visa is for non-immigrants. An I-526 petition is an immigrant petition. If you submit your I-526 petition and then you need to come to the U.S. for temporary business or pleasure, you may use your valid B-1/B-2 for that purpose. You may not use the visa if the purpose of your entry is to wait for your I-526 petition approval and then to apply for you I-485. If you happen to be in the United States for temporary, non immigrant-purposes and you are in lawful non-immigrant status when your I-526 petition is approved, you may file your I-485 application to adjust status.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Entering the U.S. under a B-1 visa is permitted after you have filed an I-526 petition. However, you must only be involved in those permissible activities such as visiting for a short period of time with the intent to return to your home country. and not coming to the U.S. with the intent to stay in the U.S, and adjust here to conditional permanent residency.

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    Robert West

    Immigration Attorney
    Answered on

    You become an intending immigrant after filing the I-526. USCIS can cancel your visa because of your immigrant intent.

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    Michael A Harris

    Immigration Attorney
    Answered on

    This may be problematic because the B-1/B-2 visa requires that you have temporary non immigrant intent. That is, you cannot pursue residence or have immigrant intent while you are in a period of authorized stay with the B Visa, and you must not have that preconceived intent to permanently remain in the U.S. when seeking admission into the U.S. with the B Visa. There are specific rules that an immigration attorney can guide you on regarding proper use of the B-1 or B-2. The better option, if available to you, would be to seek a non immigrant visa such as the H-1B or L-1 visa which allow for what is called "dual intent" to seek residence while being here temporarily. For more questions, please feel free to contact me.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The B1 and B2 visas are non-immigrant visas, which require an intent to return to the home country. The I-526 petition is the first step to getting the Immigrant EB-5 visa. One must be careful in managing the two visas and entries into the U.S.. Retaining an experienced EB-5 attorney can help potential immigrants develop a strategy to meet his or her U.S. immigration goals.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Currently, I-526 is taking 14.7 months to adjudicate on average according to USCIS. With your B1/B2 visa, you could enter several times as long as you do not stay past dates beyond I-94 stamp shows while I-526 is pending. Also, in order to further follow the rules to the letter, I would suggest that your I-526 petition indicates that you will consular process instead of adjusting (I-485).

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    Jan H Brown

    Immigration Attorney
    Answered on

    Yes you may use your B-1 visa. Please feel free to contact me directly if you have further questions.

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    Karen Weinstock

    Immigration Attorney
    Answered on

    Be careful. The immigration service may deem you as misrepresenting your intent upon entering the U.S. if your sole reason to enter as a visitor is to later file the I-526 which is an immigrant petition. Making a material misrepresentation may impose a permanent bar to your immigrating to the U.S. You should consult an immigration attorney prior to doing anything.

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    Grace Gardiner

    Immigration Attorney
    Answered on

    Yes, you can enter and visit the U.S. as often as you like until the I-526 is approved

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