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How do I transition from a CW-1 visa to an EB-5 green card?

I am currently working as a casino pit manager in Saipan (CNMI) with a CW-1 visa. Am I qualified to apply for the EB-5 investment green card? How would I transition from my CW-1 visa to the EB-5 visa?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Certain C visa holders can adjust status, others cannot. It may be advisable to be prepared to leave the United States and go through the Consulate for the green card. In the meantime, you can start the I-526 process.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    The fact that an individual can transition into a green card is a misconception of immigration laws. An individual may apply for a green card independently of their status in the United States and even if they are not in the United States. In your situation, you may absolutely begin the process for a green card through the EB-5 category.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You may apply for EB-5. If you are in valid nonimmigrant status when your I-526 petition is approved, you are eligible to apply for adjustment of status to conditional lawful permanent resident once your priority date is current.

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    Charles Foster

    Immigration Attorney
    Answered on

    Irrespective of your current nonimmigrant visa status, you can always file an individual EB-5 investor petition on Form I-526. During that time, while remaining in the United States in your current status, you would have to maintain your temporary work visa status and once the EB-5 petition is approved, which could take a year or longer, if you have maintained your status you would be eligible to file an application to adjust status on Form I-485.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, as a transitional worker (CW-1 visa holder) you are qualified to apply for the EB-5 green card as long as you can meet the EB-5 requirements, namely: 1) financial ($500,000 or $1 million), 2) documenting the fund(s) come from legal source(s) and 3) creating a minimum of 10 jobs. In addition, the transition from CW-1 to EB-5 is just like any other work visa, you just have to decide on what type of EB-5 investments you want: either direct investment by which you operate your own business, or indirect investment through a regional center. There are at least two further advantages to you as a CW-1 holder (with your spouse or children under 18 being eligible for CW-2 status) - you have clearly established that you are lawfully present in the country and are admissible to the United States. Even though the CW visa is only valid for a year, if your employer retains you, the employer can continue to renew it until you are granted an EB-5 green card. Advisably, consult an attorney on your idea for further planning.

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    John J Downey

    Immigration Attorney
    Answered on

    If you have the requisite amount of investment and a qualified project, you may file an EB-5 petition.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You are no different from other investors - you can make an investment in a regional center project and obtain an EB-5 green card. First you make the investment, then you file the I-526 petition, and then you can adjust status to conditional resident green card holder.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may file for the EB-5 visa. The first step is to file the I-526 petition, assuming you have a lawful source of funds for your EB-5 investment (direct or regional center-based) and otherwise qualify for the EB-5 visa. The I-526 petition will not grant you any lawful immigration status in the United States and you will need to maintain an underlying nonimmigrant status until it is approved. Foreign persons in valid CW-1 status may legally change status to another type of nonimmigrant status or adjust to permanent resident status upon approval of an immigrant petition, such as the I-526 petition. Current average processing times for I-526 petitions are about 17 months. CW-1 visas are dual intent, meaning you may legitimately come to the CNMI for a temporary period on a CW visa as a nonimmigrant and, at any time, lawfully seek to become a permanent resident of the United States (provided that you intend to depart the CNMI voluntarily at the end of your authorized period of stay). Consult an EB-5 immigration attorney for further review of your case.

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