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How can an EB-5 dependent visit the United States before I-485 approval?

I am an EB-5 principal applicant who already got I-526 approval, an EAD card, and advance parole, but I have a pending I-485 and am currently working in the United States. My wife is outside the United States. Because of the retrogression, it may take more than two years to get my I-485 approved. Does that mean me and my wife have to be separated for the entire time? How can she come to the United States at least for a short visit? What is the longest she can stay for if she visits?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    She may apply to visit you temporarily on a tourist visa (or visa waiver if she is from a country allowing for visa waiver), but she needs to demonstrate nonimmigrant intent and ties to her home country to be admitted to the United States. She should consular process when your I-485 is approved. You may also try to explore dual intent visas, such as L-1 or H if she is qualified. I suggest to talk to an immigration attorney in the United States.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Your spouse can enter the United States with a temporary visa as long as their intent is to spend a temporary period of time in the United States. In addition, the spouse cannot have the intent to enter the United States and remain in the United States and, without leaving the United States, apply for conditional permanent residency.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I would need to know more, including what applications your wife may have filed or not filed. Please directly contact an immigration attorney to review the details of your case.

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    John J Downey

    Immigration Attorney
    Answered on

    Apparently you did not include your wife in your application for EB-5(?) I also assume that she is from China since you speak of a retrogression. She can apply for a B1/B2 visitor visa.

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    Echo Meisheng King

    Immigration Attorney
    Answered on

    EB-5 applicants can use a B1/B2 visa to visit the United States temporarily while they are waiting for the immigrant visa to become current. If your wife does not already have a B visa and intends to apply for one, she has to disclose that she has an immigration petition pending. The consulate may grant the B visa if she can explain that said visa is only for her to visit you temporarily, and she has every intent to return to her home country for the consulate interview.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Since you are the principal investor and applicant and your wife has not filed the I-485 I assume that she will do the DS-260 after your I-485 is approved? then she could come to the United States on her B1/B2 visa for about a six-month period. Make sure that she will do the DS-260 process and not file the I-485, so she does not lie to the immigration officer about her intent to immigrate when coming into the United States for a visit only. Also, she should not overstay the visitor visa period given to her at the airport.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Tough case she has to prove nonimmigrant intent to be admitted. Options worth exploring include dual intent visas such as an H-1B or L-1.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    If your wife currently has a visitor's visa, she can use it to enter the United States to visit you (she will be given up to six months at the time of entry). If she doesn't, she can certainly apply for it, but it is unlikely that she will be able to convince the consular officer that she is just coming in to visit. Good luck.

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