+1-800-997-1228
Questions and Answers > EB-5 Investments

Can I apply for EB-5 if I have applied for a U visa?

I entered the US on a B1/B2 visa, then I filed for a U visa that is still being processed. Am I eligible to apply for the EB-5 program?

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can apply. However. if you have been out of status and depending on the length you have out of status, you may not be able to adjust without address your status issue. Consult with an immigration attorney to address this issue as soon as possible.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You will need to show you have always maintained status and if not consular processing possibly also requiring a waiver.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You are eligible to apply for an EB-5 but the more important question is whether you are eligible to adjust status. If you have been out of status for even one day, then you can not apply to adjust in the US, unless you have section 245(i) protection. Then the question is can you leave to immigrant visa process abroad without triggering a three or 10-year bar? To answer this you need an expert to review your visa status from the day you arrived.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    Anyone can apply for EB-5. But your question should be: Can I get a green card from the EB-5 approval?