+1-800-997-1228
Questions & Answers

What might disqualify a current E-2 visa holder from I-526 approval?

I am currently on an E-2 visa and I am thinking of investing through EB-5. I live in Colorado with my girlfriend and we have paid taxes together. However, she has overstayed her visa and I am worried because there is such a thing as common law spouses in CO. Would her overstaying affect my own EB-5 petition in any way? Considering that I am already in the United States as a visa holder, what other things might prevent my I-526 petition from being approved?

Answers

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Your E-2 status and your girlfriend's overstay likely will have no effect on any future EB-5 case you file.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Your living with an overstay girlfriend does not affect your E-2 status or filing for an EB-5 visa. The I-526 will not give you lawful immigration status and you will need to maintain your underlying status until it is approved in order to be able to adjust status to a conditional permanent resident. If you plan to use funds invested in an E-2 business as part of your EB-5, you will need to demonstrate job creation and other requirements of EB-5 program. You should consult an experienced immigration attorney to discuss specifics of your case.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Her immigration misbehavior should not affect your case.

  • Avatar

    Michael A Harris

    Immigration Attorney
    Answered on

    Your E-2 status and your I-526 would not be affected. You are not inadmissible or apparently ineligible to apply for a green card from within the United States. Your girlfriend would be by overstaying for 180 days or more (if it is less, she really should speak with competent immigration counsel). As well, you may want to consider whether or not you do marry her prior to you gaining residence in the United States. If you are married to her, then based on what you are writing she may need to apply for a waiver of inadmissibility based on the unlawful presence she may have accrued. She would have to show that you would suffer extreme hardship if she could not return to the United States.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    Her overstay will not affect your application. If you intend to include her in your application as your spouse you may have a lot of difficulty and her application would be adversely affected by her overstay. If you intend to put the full amount toward the investment you should have no difficulty. If you plan to use the amounts you have invested in your E-2 venture, then you would have to show how they went to create the requisite number of jobs.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you are here in a valid visa status of E-2 and you have not violated any laws or done anything that may make you inadmissible, then living with a girlfriend who may be out of status does not affect your EB-5 application. The immigration law is a federal law and it does not recognize common law spouse and even if she was your legal spouse, what makes her inadmissible does not affect your application unless you were somehow culpable in her breaking laws.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Even though there is common law marriage, I do not believe that her over-stay would affect your immigration status (but she should probably leave the United States as soon as possible to avoid accruing unlawful presence).

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    The immigration status of other investors should have no impact on your application. Whether you filed taxes correctly is a question for your accountant.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.