How long does it take to adjust status through EB-5 from inside the U.S. for a family on different visas? - EB5Investors.com

How long does it take to adjust status through EB-5 from inside the U.S. for a family on different visas?

My father filed for EB-5 in 2019, which just got approved in November 2023. He is currently residing in India. He already has visitor visa, and is planning to come to the U.S. and receive the temporary green card, instead of receiving it in India. I and my brother are already here on a student visa. If my father comes to the U.S. in January 2024 and we file for adjustment of status for the whole family in the week of his arrival, how long would it take for the status conversion to take place? What are the timelines for this for my parents (visitor visa to green card) and for me and my brother (student visa to green card)?

Answers

Lynne Feldman

Lynne Feldman

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

Assuming the Priority Date remains current then I would anticipate 12-18 months. Entering on a visitor visa for the purpose of adjusting status is a problem though, as a visitor is supposed to have an intent to return abroad and not immigrate.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

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

You cannot file for adjustment in the week of his arrival as it would trigger misrepresentation upon entry. This would NOT be good for any of you. AOS applications tend to take 2+ years. 12mo minimum. But you may be able to push for quicker adjudication through the court system.

Mitch Wexler

Mitch Wexler

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

That plan would likely be considered visa fraud perpetrated by your dad so you should certainly seek advice from experienced immigration counsel before moving ahead with that plan.

Stephen Berman

Stephen Berman

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Answered on

If the visa is available, I would guess about 2 years for adjustment of status.

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