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How can I enter the U.S. with an H-4 visa when I have a pending EB-5 case?

I submitted my I-526 application six months ago and the case is still pending. I have a valid H-4 visa. I want to enter the U.S. to visit my husband who is working here with an H-1B visa. Will I have any trouble entering the border since I have a pending immigrant visa application?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    The filing of an I-526 petition is not your application for conditional permanent residency. Therefore, when returning to the U.S. with an H-4 visa, you will have to indicate that it is not your intent to apply for conditional residency while you are in the U.S.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may get some questioning, but a green card application has not been filed and you will not get an answer on the I-526 for probably another year or two. As long as you are clear about your temporary intent when entering the U.S., you can probably be OK.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    No trouble/problem at all. H visas are dual-intent visas, which means you can have a permanent resident intent (the process for green card) and still maintain non-immigrant status.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    That should be fine, as the H-4 is a dual-intent status.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    You should be OK.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Since the H-1B and H-4 allow for dual intent, there should be no issue.

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    Sarah A Schroeder

    Immigration Attorney
    Answered on

    No. The H-4, like the H-1B, is dual intent, so this should not present any issues.

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    Charles Foster

    Immigration Attorney
    Answered on

    You should have no trouble entering the U.S. on your H-4 non-immigrant visa.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No, the H-1B and H-4 are dual-intent visas. No risk.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You should be able to enter to visit with your H-4 even though you have a pending I-526. The perception that your entry will be considered as an attempt to permanently immigrate is not necessarily right. In the event such topic comes up at the interview , it should be vigorously denied since you had the H-4 long before the I-526 was filed. In addition, you could have actually stayed in the U.S. with your H-4 before you filed the I-526 and still be able to stay in the U.S. anyway rather than just visiting the U.S. at this point in time. Advisably, consult an immigration attorney to address any further concerns you may have on your plan.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    You will be fine. H is a dual-intent visa.

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