Can I apply for EB-5 visa if I'm in the U.S. with an asylum visa? - EB5Investors.com

Can I apply for EB-5 visa if I’m in the U.S. with an asylum visa?

I came to the United States on an F2 Visa Dec 2013 (My husband was the F1) with my kids then applied for asylum in April 2014. I am currently still in asylum and have a court date set for May. I want to first know if I qualify for the EB-5 and if any Adjustment of Status can be done in such little time. I also want all my children included and my daughter turns 21 this November. Do I still have time? I recently got a gift from a family member for an amount that would qualify me for the EB-5 program. I also do not know how to start and what to do if I qualify for the EB-5. Do I get a lawyer or a project first?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You will not be able to adjust but it’s likely that you can apply to process your green card abroad if you are not subject to unlawful presence bars.

Farah Abbas

Farah Abbas

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You should hire an experienced EB-5 immigration attorney to help you with this process. Based on the information you provided, I believe you could be eligible to file for EB-5 and concurrently Adjustment of Status. However, it is unlikely that the case would be reviewed before your asylum hearing.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.