I am an EB-5 investor whose I-526 has been approved. My priority date is already within the date of October 2023 Employment Immigration Schedule B. I entered the United States with a B1/B2 visa in January this year, and submitted an application for extension of my B1/B2 status in June. I am currently waiting for the result of the B1/B2 extension application. Can I submit my I-485 in October before the extension application is decided? If I can submit it, what status will I be in if my B1/B2 status extension is rejected in November? What impact will it have on my I-485?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYes you can submit and cite the 245(k) 180 day exception.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can submit the I-485 in October. Most likely the B-2 extension will be denied but that is not likely to be a problem for two reasons. First, there is section 245(K) that allows out of status by up to 180 days, and second, it is likely you will still be in status at the time of filing the I-485.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can submit the I-485 application while your B-2 extension is pending. If the B-2 extension is denied, your I-485 application could be denied depending on the amount of time you have been out of status. Section 245k forgives 180 days of time out of status since your last admission. You should speak to your immigration attorney concerning your application to ensure your I-485 is timely filed.
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