I just got an I-485 approval on my EB-5 direct investment application. But my family is in Canada. They are dependents in my EB-5 application. If I go for an I-824 for them, it may take a long time (about a year). I am alone in the States and hope to bring my family over as soon as possible. Can my family (Canadian nationals) come to the U.S. as visitors and apply for an I-485 here? If not, what is the fastest option?
Answers
Dennis Tristani
Immigration AttorneysYou should not advise them to obtain a tourist visa with the intent of using it to enter the U.S. to adjust status. This is a strictly non-immigrant intent visa and USCIS could find that they misrepresented their intent when entering the U.S. with this visa or applying for it at the consulate. I would pursue consular processing through the I-824 to get the ball rolling and if they do enter the U.S. at a later date using a valid non-immigrant visa, you can consider adjustment of status depending on when they entered the U.S.
Lynne Feldman
Immigration AttorneysYes, they can come as visitors and file their own I-485, but they cannot leave until they get advance parole.
Bernard P Wolfsdorf
Immigration AttorneysIf they enter with an intent to file an adjustment, that is visa fraud - the best option is for them to enter on a dual intent visa such as an L-1 or H-1B. if not possible, then possibly a TN or O-1 or E-2 but need to explain intent to the CBP officer. The I-824 will take a long time.
Stephen Berman
Immigration AttorneysIf they are admitted as visitors, yes, they can file for adjustment in the U.S. if the visa remains available. Otherwise, the only option is consular processing, starting with the I-824.
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