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How would the legal status of my fiancé affect my EB-5 application?

I have a Hong Kong passport and am in the process of applying for an EB-5 visa. My fiancé holds a Chinese passport and his I-20 was terminated three months ago, which currently makes him out of status. We are planning to get married before filing the EB-5 application so he can get a green card with me. Would this have a negative impact on my process? If I include him as my spouse in my application, would that mean longer wait times for us?

Answers

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    Barbara Suri

    Immigration Attorney
    Answered on

    The status of your fiancé will not affect your EB-5 application, but it may affect his application for permanent resident status.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Under the new law, if your husband is out of status for less than 180 days since his last entry, he can be included in your adjustment application. If not, he is not eligible to adjust and must apply for an immigrant visa as a following to join applicant, but he may also have three or ten year bar issues, depending on whether there has been a USCIS determination on this status.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    We would need to analyze the out-of-status times for your fiancé to determine if eligible to adjust. His lapses in status would not affect your application. He is allowed up to 180 days of working without authorization OR overstaying a nonimmigrant status. If at all possible, make sure he does not exceed this.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    Your future spouse will be chargeable to the Hong Kong visa quota (cross chargeability) which means he can process his visa at the same time as you and not be subject to the China waiting list. His being out of status will not affect the adjudication of your I-526 petition. He should try to avoid accumulating more than 180 days in the country without status. If you concurrently file Form I-526 with Form I-485, he should be able to take advantage of provision 245(k), which will forgive less than 180 days out of status for someone adjusting status pursuant to an employment-based petition.