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When can I move to the U.S. during the EB-5 process?

I wonder if for me to move to the United States, I have to wait for the whole process of approval of EB-5 or if I can make the investment, change, and make the process of visa application, already in USA. Or can I still can do everything now being here?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    You can move to the United States once your I-526 has been approved and have received an immigrant visa. If in the United States under lawful non-immigration status, once your I-526 is approved, you may file for AOS without having to leave the United States.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    You can move to the US when you have your I-526 approved, unless you change your status while you are in the US.

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    Lei Jiang

    Immigration Attorney
    Answered on

    You can move to the U.S. after your I-526 is approved and you receive an immigration visa. If you are already in the U.S. you can adjust your status here.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You will generally be allowed to enter the US as a 2-year conditional resident after you are issued an immigrant visa at a US embassy in your home country after approval of your I-526 petition. This process takes about 1.5 years on average. If you are in the US in another lawful immigration status, for example H-1B visa or F-1 visa, then you may file for adjustment of status (green card) without leaving the US after approval of your I-526 petition. Currently, processing of I-526 petitions takes about 1 year. Do not hesitate to contact our office should you have any questions or need further assistance

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    If you have another non-immigrant status allowing you to lawfully stay in the US, you can. Consult with an experienced immigration attorney for a more detailed answer.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If you are able to maintain a non immigrant status while the I-526 is pending, you can adjust status to permanent resident while in the U.S.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    In reference to your questions, the answer depends on the facts of your case. I would have to speak with you to obtain the facts of your case an be able to advise you on the best course of action.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If you already have a visa status which allows you to enter the U.S. and remain during the processing of the EB-5 Immigrant Petition, then you can indeed do the whole process while you are in the U.S. When the EB-5 Immigrant Investor Petition is approved, you can file for adjustment of status to a permanent resident while remaining in the U.S.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    You can do it either way depending upon your circumstances. Some clients come into the U.S. on a non-immigrant visa and do the entire EB-5 process while in country and others wait outside. It all depends on personal desires, timing of investment, family relationships, etc. I will be happy to discuss further with you.

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    Michael A Harris

    Immigration Attorney
    Answered on

    It really depends. Because you have immigrant intent, I would recommend trying to obtain a temporary visa that allows what is called "dual intent." The H-1B and L-1 visas present those options. Depending on what country you are from, there has been limited recognition of the dual intent concept for other forms of treaty investment visas.

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    Ed Beshara

    Immigration Attorney
    Answered on

    To obtain conditional permanent residency so that you may live and/or work in the U.S., the first step of the I-526 petition must be approved and then U.S. Consulate processing for the issuance of the Conditional Permanent Residency.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you are currently outside of the U.S., you will have to get your EB-5 petition (I-526) and immigrant visa application approved before you could come into the U.S. If you could come into the U.S. on some other valid visa to look for an investment vehicle, you may be able to come in for a while, perhaps on B1/B2, but you probably will not be able to remain throughout the EB-5 process.

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    Rachel Lew

    Immigration Attorney
    Answered on

    Yes, it is more prudent to move to the U.S. after you have received your immigrant visa, after you have been approved for the I-526 petition.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    In order to file for adjustment of status in the United States after your I-526 petition is approved, you must be physically present in the U.S. in a valid, non immigrant status. Otherwise, you must immigrant visa process at the U.S. embassy or consulate in your home country.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    You may do everything being here.

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    Anthony Korda

    Immigration Attorney
    Answered on

    If you are outside the US when the I-526 Petition is approved, you will have to wait for the Visa to be issued through the Consular process. If you are lawfully present in the US when the I-526 Petition is filed and/or approved, you may be eligible to apply for adjustment of status and remain in the US while your case is processed.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be able to adjust your status to Conditional Permanent Resident from the US once your I-526 Petition is approved, granted you are in legal status in the US upon I-526 approval. Otherwise, you can proceed with Consulate processing in your country. Arranging a timeline and planning for your entry to the US is best served by retaining an experienced EB-5 attorney, like those at our law firm.

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