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If my EB-5-based I-485 gets rejected, how long do I have before I must leave the U.S.?

I am an EB-5 investor with a pending I-485. I have an L-1B visa that expires in March, 2020. My advanced parole and EAD have been approved with an expiration date in June 2020. If my I-485 is denied after March 20, 2020, how much time do I have before I must leave the U.S.?

Answers

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Upon denial, you have "reasonable" time to depart the U.S. There is no statutory time period accorded to you, but in most cases around 30 days or less are acceptable as "reasonable time."

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Ensure you maintain your underlying L-1B until your I-485 gets adjudicated, if possible. Also discuss whether your employer may sponsor you for a green card.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Supposed to leave in a few days. But why do you expect it will be denied?

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    While you are waiting for the I-485 decision, make sure to renew your L-1B before it expires on March 2020. If you do get an I-485 denial, you should not be stuck with an expired visa. Otherwise, the denial could force you to leave the U.S. within 30 days.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    If there is a problem with the EB-5 project that you invested in, then perhaps your L-1B employer can sponsor you for permanent residency.

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    Always be mindful of the three- and 10-year bars. You shouldn't accumulate more than 180 days of unlawful presence in the U.S. or you're going to be gifted a devastating present if you attempt to leave and re-enter. Immediately consult with your counsel today.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If denied after your non-immigrant status expires, you will only be given a short period to depart 10 to 30 days maximum.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Normally the USCIS tell you in their denial letter that you have to leave the country within 30 days or ASAP. However, if your I-485 is denied and your L-1B is still valid, you can stay in the U.S. based on the L-1B status if it is still valid!

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    L-1B is a dual intent. Retain the L-1B status and you don't have to leave.

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