I recently learned about the possibility to file the EB-5 I-526E and I-485 at the same time. I am currently holding a TN visa, and I wonder if I can file I-526E and I-485 at the same time? Do I have to wait another 90 days from the last date of entering the US? I also read that that once I-485 is filed, the dependent is no longer considered as an international student. If my daughter applies for college after I submit the I-485, should she fill out the college application same as a green card holder would? But she would not have her green card info by then, so I am not sure what is the correct way.
Answers
Michael A Harris, Esq
Find an EB-5 Visa Lawyer: Immigration AttorneyYou are correct to be wary of your nonimmigrant requirements as a TN visa holder. To best advise you, you should speak confidentially with an immigration specialist.TN visa holders do not have dual intent, however, there is guidance on this particular issue.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can file the I-526 and I-485 while on TN but do not travel outside the U.S. until you get the travel permit. I would need more details about your daughter to advise.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you are in the U.S. in TN status, then you are able to file Form I-526E concurrently with Form I-485. If you recently arrived in the U.S., I would recommend waiting at least 90 days prior to filing. You should check with the specific school concerning your daughter''s status - filing Form I-485 will not immediately change your TN status or your daughter''s TD status during the pendency of the I-485 application. I recommend speaking to an immigration attorney concerning your upcoming process.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThe TN is not a dual intent visa so you need to be able to show you did not have immigrant intent when you filed the I-526 and I-485 adjustment application. Filing the adjustment does not automatically result in new status. Her status, assuming she is in the US as a TD, is that of pending permanent resident after the adjustment is filed. Not quite the same as a green card holder but does not need an F-1 to attend college if under 21 and included in the application.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, a concurrent filing is possible. You have to time it to your TN travel needs as you will not be able to travel internationally for a while. Regarding your daughter, she will not have the green card for a while and the school has discretion on what to require from her. We have had schools accept I-485 pending status but others refused it.
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