Questions and Answers > EB-5 Investments

How can I apply for EB-5 while being under asylum in the United States?

I am from Egypt and I am seeking asylum because I cannot stay in Egypt due to certain circumstances. Would it be possible for me to apply for asylum and EB-5 at the same time? Which method would help me obtain my green card more quickly?

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on March 5, 2014

  There should not be a problem when filing both petitions. If you can meet all the EB-5 regulations, then you should apply. An EB-5 application may be adjudicated faster than your asylum petition.

• Roberto Ortiz

  Immigration Attorney

  Answered on January 17, 2014

  In order to help you, I would need more information on your current status in the US. For example, has your B-2 status expired already? Or how far along is your asylum application.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on January 15, 2014

  It is difficult to estimate which process would be faster. You can pursue both asylum and EB-5 at the same time. While asylum will require a waiting period before you may apply to become a U.S. lawful permanent resident, if approved, it will be a permanent green card, unlike EB-5, which is conditional for the first two years.

• Philip H Teplen

  Immigration Attorney

  Answered on January 15, 2014

  If you have sufficient funds to invest, it will be far faster to qualify for interim and permanent status. I suggest you call us. We can then discuss in detail, your options and the related procedures.

• Wassem Amin

  Immigration Attorney

  Answered on January 14, 2014

  I am a U.S. licensed attorney who also happens to be from Egypt. I speak fluent Arabic and can assist you in determining what is the best course for you to pursue. I am expertly familiar with the EB-5 program as well as the conditions that have led hundreds of Egyptians to seek asylum in the U.S. To properly answer your question, I would need more information on your current status as well as your goals, history, etc. Please contact me directly.

• Gregory Romanovsky

  Immigration Attorney

  Answered on January 14, 2014

  You can apply for both at the same time, but if, by the time your I-526 is approved, you don''t have any valid non-immigrant status, you most likely won''t be eligible for adjustment of status (and would need to consular process your visa). I suggest that you speak with an experienced immigration attorney to evaluate the merits of your asylum claim. If it''s not strong enough, then filing for asylum can do more harm than good.

• Salvatore Picataggio

  Immigration Attorney

  Answered on January 14, 2014

  This is a question of obtaining the actual conditional permanent residency after the I-526 is approved (you can apply for the I-526 approval from in the United States or abroad). Once in the United States under asylum, you can adjust as long as they comply with USCIS rules and regulations for such adjustment, which would be reviewed and planned for with the assistance and representation of qualified U.S. immigration counsel (like our law firm).

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on January 13, 2014

  Yes, you can apply for EB-5 while being under asylum in the United States. However, be on notice that the standards for asylum and EB-5 are far different. Also, unless an asylum application is credible and meritorious, an applicant can end up in deportation or with denial of green card opportunity if the application is denied. Generally, asylum applications take far longer than EB-5. For instance, the application for asylum may take years as an application tends to move through various governmental units between U.S. Citizenship and Immigration Services and may even end up in the immigration court before an eventual approval. The EB-5 applicants do not go through the same process as asylum seekers. Consult an immigration attorney before applying for either one or both.

• Ed Beshara

  Immigration Attorney

  Answered on January 13, 2014

  The filing of an I-526 investor petition for the EB-5 business does not authorize your stay in the United States. Please note, you cannot stay in the United States if you are out of status, and if you are unauthorized for more than 6 months and then leave the United States, you will be barred from reentering the United States for three years. The I-526 process is taking several months and under your circumstances, if there is an approval of the I-526, then you may not be able to file for adjustment in the United States if you are out of status. Also, the filing and adjudication process of an asylum application does not put you in a legal status to allow for an adjustment to conditional permanent residency based upon a filing and approval of an I-526 Petition.

• Margo Chernysheva

  Immigration Attorney

  Answered on January 13, 2014

  Multiple applications are possible and won't cancel each other as long as they are legitimately filed. Both may take long time.

• Jinhee Wilde

  Immigration Attorney

  Answered on January 13, 2014

  While there is no prohibition on applying for 2 different immigrant program, I am sure USCIS will wonder how serious your asylum case is and the danger and persecution you claim exists if you are able to get enough funds out of Egypt to do an EB-5 case.

• Stephen Berman

  Immigration Attorney

  Answered on January 13, 2014

  You can do both at the same time. EB-5 is faster.