I have a business I wish to purchase in the U.S. Because I will transfer all of my wealth into the country in order to buy the business, how can I bring my family and I into the United States and stay there until the EB-5 case is processed?
You and your family may enter the United States under different non-immigrant visas. Closer examination will be required to determine which, if any, are best for you. Please remember that the non-immigrant visa must have dual intent, or it runs a higher risk of denial.
This is a tough issue. Short of some sort of work visa, you may have a hard time bringing your family to the United States prior to the EB-5.
Generally, the rule is that an applicant cannot stay in the United States while his or her EB-5 case is being processed. To be able to legally stay in the country, an applicant must be on a valid non-immigrant visa. Thus, you and your family cannot stay in the United States while your EB-5 is pending. If you want to legally stay in the United States while your EB-5 case is being processed, make sure that each member of your family obtains a valid non-immigrant visa.
For temporary visit, you can apply for a visitor's visa for you and your family members. However, because the first step of the EB-5 application-I-526 Petition- will take 12+ months for USCIS to reach a decision, it will be impossible for you and your family members to stay here until the decision is made. If you want to stay here while the I-526 is pending, you may consider applying for a F-1, H-1B, or L-1 visa first.
You cannot bring your family early unless they have some other U.S. nonimmigrant visa. Simply making the investment and applying for EB-5 classification does not grant any significant U.S. immigration benefit. Once the I-526 petition is approved, then you can apply for the immigrant visa (if abroad) or for adjustment of status (if you are in the United States in valid nonimmigrant status).
Probably not. The I-526 petition is an immigrant process (permanent residency). An entry you would attempt to make while the I-526 is processing would probably be a non-immigrant process (temporary visit). Requesting non-immigrant status while an immigrant process is pending would run afoul of the dual intent rules. However, if you are already in the United States before filing, you have the option of adjusting to permanent residency.
You can bring your family. However, they must be in valid immigration status at all times while the I-526 is being processed.
To live and work in the United States, for you and your family, you will need to obtain a non-immigrant visa. The non-immigrant visa you obtain will need to have a dual intent which allows you to be in the United States with the intent to be here on a temporary basis, while also filing a petition for an EB-5 immigrant status, which is your intent to permanently reside in the United States.
You could do it in several ways using different non-immigrant visas. However, we would have to speak in more depth about your situation to determine which visa will be the best for you. If you have any additional questions, please do not hesitate to contact me.
Depending upon what country you are from and what country your business history is in, an interim investor or transfer visa is normally implemented. I will be happy to consult with you and can be reached.
