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What are alternate options if my EB-5 application is denied?

Right now my husband is an F-1 PhD student in the United States. I plan to apply for an EB-5 visa by myself, while my husband maintains his student status. What if my EB-5 investment fails after the two years, but my husband is on an H1-B visa or a green card holder in the U.S.? Can I apply for an H-4 or follow my husband with his green card?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You may be eligible for a number of immigration options in the even your I-526 petition is denied. You should consult with an experienced immigration attorney who can advise you on all of your options.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Yes, as long as you maintain you F-2 status until your I-526 has been approved, you should be able to change it to either adjustment (i-485) for a green card or to H-4 if your husband gets the H-1B.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You could apply for a change of status to H4 if you are in valid non-immigrant status, or you could get the new visa abroad. You must be in valid status to file for adjustment of status with your husband.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Be wary of dual intent, but if you completely end one immigrant process, you should be able to start another.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The short answer is yes, if after your conditional permanent residence period, you are unable to remove the condition, you will no longer be in permanent residence status. At which point you must depart the country, and may apply for the H-4 visa and re-enter the U.S. as the dependent spouse of the H-1B visa holder.

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    Kyle Barella

    Immigration Attorney
    Answered on

    If you are concerned about your EB-5 investment failing, you should speak with an EB-5 investment advisor and immigration attorney. If your petition does (for some reason) get denied there may be a few different options your family may have to remain in the country. Please contact a qualified immigration attorney for additional information.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    You will have the option of obtaining and maintaining H-4 status as a dependent of an H-1B holder. If he is pursuing legal permanent residence through another type of immigrant visa sponsorship, then you may also obtain your resident status as his dependent.

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    Denyse Sabagh

    Immigration Attorney
    Answered on

    You may apply for the same status as your husband.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes you can. If an application for EB-5 is denied, you remain in whatever status you had before until it expires or is changed to some other status.

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    Ed Beshara

    Immigration Attorney
    Answered on

    If your husband obtains permanent residency then you will obtain permanent residency whether it is through the EB-5 basis or another immigration basis.

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