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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

• BoBi Ahn

  Immigration Attorney

  Answered on September 10, 2019

  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."

• Julia Roussinova

  Immigration Attorney

  Answered on August 26, 2019

  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.

• Salvatore Picataggio

  Immigration Attorney

  Answered on August 23, 2019

  Usually 30 days.

• Lynne Feldman

  Immigration Attorney

  Answered on August 22, 2019

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

• Marko Issever

  EB-5 Broker Dealer

  Answered on August 21, 2019

  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.

• Daniel A Zeft

  Immigration Attorney

  Answered on August 21, 2019

  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.

• Phuong Le

  Immigration Attorney

  Answered on August 20, 2019

  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.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on August 20, 2019

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

• Hassan Elkhalil

  Immigration Attorney

  Answered on August 20, 2019

  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!

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on August 20, 2019

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