Can I apply for EB-5 if I have applied for a U visa? - EB5Investors.com

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

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

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

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