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How can I get I-526 approval before my B-2 visa expires?

I submitted my I-526 petition on November 1, 2013, and I have my B-2 visa until May 12, 2014. How can I get initial I-526 approval before my B-2 visa expires? I have seen that the EB-5 processing time can be as long as 12 months. What are my chances of being able to stay in the United States? If I travel now, what are my chances of being denied entry at a U.S. port?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Currently, there is no premium processing available for EB-5 petitions. It is unlikely the I-526 petition will be adjudicated prior to the expiration of the visitor visa. It is also unlikely you will be admitted back into the U.S. prior to the approval of your I-526 petition, unless you can prove non-immigrant intent.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Unfortunately, there is no guarantee or an expedited process for you to obtain a I-526 prior to the expiration of your B1/B2.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    USCIS processing of I-526 petitions can take a year or longer. There is not really a good way to extend your B-2 status so that you can be eligible for adjustment of status. If you are eligible to change to another non-immigrant visa category, you might try that option. Otherwise, you will have to process your immigrant visa at the U.S. embassy or consulate in your home country, if you are not in non-immigrant status in the United States when your I-526 petition is approved. If you travel now, you could be denied re-entry into the United States because you are an intending immigrant. It is best to consult an experienced immigration attorney prior to making any decisions.

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    Lei Jiang

    Immigration Attorney
    Answered on

    You can always try for an extension for your B-2 visa. I-526 is slower now.

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    Farah Abbas

    Immigration Attorney
    Answered on

    There is no guarantee that you can get your I-526 approved before your B-2 visa expires. It is possible, but there is no way of knowing without more information. You should ask your immigration attorney if you may qualify for expedited review at USCIS, although generally the chances are low unless you have good reason for it.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no way to expedite the I-526 at present; however, as long as your intent at the time of entry is clearly a non-immigrant visitor intent, you can still utilize the B-2 visa to enter the United States. Once in the United States, you may also seek to file for an extension of stay. Having a pending I-526 does not bar your non-immigrant stay, as long as the intent at the time of entering or filing for the extension is clearly demonstrated and supported with documentation.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. Chances are, you''re probably not going to get a decision on your I-526 by the time your B status expires in May. If you don''t want to leave and wait overseas, you may be eligible to apply for an extension. Talk to an experienced immigration attorney about it.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Hello. Most likely it will not be approved. With respect to traveling back into the United States, if you maintain the intention to be a tourist on your entry, then you should be allowed to enter. If asked whether you have an I-526 pending, you should tell the truth. If not allowed back in, it would be because CIS thinks you are residing in the United States.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It is not going to be approved before your B-2 expires. You can consult on other visa options you might change to, but this is tricky because with the I-526 filing you have now indicated immigrant intent.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    You can seek an expedite, but should also look into alternative interim visas. I-526 applications are taking an average of 22 months.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be able to get extensions on your B-2 visa, but if that expires and you have still not received I-526 approval, it may be best to make arrangements to leave the United States, wait for I-526 approval, and go through the U.S. Consulate for your conditional permanent residency. Overstaying after expiration of the B-2 can be problematic.

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    Ed Beshara

    Immigration Attorney
    Answered on

    An experienced EB-5 attorney will be able to assist you. First, the reality is that there is no predictability of how long it will take to obtain an approval on the I-526 petition. Secondly, the length of your B-2 visa does not limit your stay in the United States. In fact, you may arrive in the United States a week before your B-2 visitor visa expires, and the U.S. Customs and Border Protection inspectors at the air-port may authorize your stay in the United States beyond the expiration of the B-2 visa.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Unless you have filed your I-526 based on some regional center project that has been getting incredibly short approval time, there is virtually no chance that your application will be approved before your B-1 expires. If you requested consular processing on your petition, you coming back while it is pending should not be too difficult, as many of my clients have done it.

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