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What happens if a dependent travels without the main EB-5 petitioner?

My father recently got I-526 approval. I am 23 years old and one of his dependents on the petition (we are not from mainland China). I need to travel to the United States for urgent work and have a valid B-1/B-2 visa. Is it advisable for me NOT to travel now? Will traveling impact my consular processing or conditional green card in any way? Can I be refused entry at the airport?

Answers

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    Xiaosheng Huang

    Immigration Attorney
    Answered on

    Based on your story, I am not sure if you can get your green card along with your father's EB-5 application, as you are 23 years old now. I need to know the processing time of the I-526 by USCIS. No matter whether you are qualified to get the green card or not, you can travel with your visitor visa. A lot of our EB-5 applicants clients have successfully been admitted into the United States with the B-1/B-2 visa. Your travel with a visitor visa will not affect your consular process. It is possible that you may be refused entry for any kind of reasons.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Traveling would probably not affect the pending green card process, but you may not be admitted under the B visa with an approved I-526. Also, get moving on obtaining the EB-5 visa! You are now 23 and age-out protections do not last forever.

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    Barbara Suri

    Immigration Attorney
    Answered on

    There is no requirement that you travel with the main EB-5 petitioner.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    A legitimate business visit should not be prohibited, but you must document your intent to return home and legitimate business need to travel. A detailed itinerary and evidence of intent to return are necessary. Since you are 23, I do hope you have taken timely steps to "seek to acquire" lawful permanent resident status by filing forms DS-260 and paying the fee bill.

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    John J Downey

    Immigration Attorney
    Answered on

    It should not affect your EB-5 application since apparently your father has not been called in for his consular interview. I would have a letter from your company or whoever requires your presence explaining the urgency for your trip. It would be advisable to check with the U.S. consulate in your home country for an opinion.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Your entry under the B-1/B-2 visa must be for pleasure or authorized business. You cannot work on the B-1/B-2 visa or have the intent to remain in the United States. CBP could deny you entry if it is determined that you have the intent to stay in the United States permanently or if you are going to violate the terms of the B-1/B-2 visa (unlawful work, etc.).

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Traveling should not impact your application; however, with that said, you should discuss this in detail with your investment immigration attorney before any travel.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Until the DS-260 is filed for consular processing, you have not filed any immigrant petition or visa application yourself. Thus, your B-1/B-2 should be okay to travel for a short time as long as you make it clear that you will go back for the consular processing. Of course, if you get some CBP officer who is picky and likes to flex his muscles, then you could be sent back, but many clients of mine have been able to go back and forth for business reasons (1-2 week visits) while going through the EB-5 process as long as they do not overstay their visas.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If you have a valid/unexpired B-1/B-2 visa at this stage (I-526 petition approved for your father), then you can definitely travel using the B-1/B-2 visa on temporary business to the United States. You just need to state your business/purpose for entering when asked at the airport - no more/no less. You should be able to travel without issues.

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