How can a DACA approved person residing in the U.S. be eligible for EB-5? - EB5Investors.com

How can a DACA approved person residing in the U.S. be eligible for EB-5?

Can an EB-5 application be approved and status adjusted while remaining in the USA as a “DACA approved person” who has resided in the USA since 2000? I am currently 36 years old and have renewed my EAD under DACA for the past few years. Would EB-5 be an option for me?

Answers

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Without knowing your immigration history prior to DACA and how old you were when you first obtained DACA, impossible to opine. You will not be able to adjust most likely but may be able to consular process.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

Age 36. DACA since 2012 [11 years ago]. 36 - 11 = 25. If were out of status for 365 days since age 18, you are barred from returning to the U.S. for 10 years. Even if you leave and get paroled back into the U.S. you cannot adjust status under EB-5. So bottom line, unless you have been in legal status until you got DACA, which is extremely unlikely, you cannot get an EB-5 visa.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

You cannot adjust to LPR from DACA. If you have unlawful presence in excess of 180 days, then consular process will not work either (i.e. inadmissibility).

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