My EB-5 is under processing. I have received my work permit and travel permit, but the I-526 and change of status are pending. My wife is in India. Is there any way I can bring her to the USA? When can I do this, and how?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you have a valid H-1B, then she can apply for an H-4 visa, but you need a dual intent visa for her to be able to readily enter the US. The critical question is what underlying status or visa you hold.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyIf your wife enters the U.S. on a non-immigrant visa she can be eligible to adjust status based on your pending I-526/I-485.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyThe easiest way is if you have maintained your nonimmigrant status (such as H-1B) and she can come on H-4. If not, then she would need her own nonimmigrant status to enter the U.S. (perhaps a student visa) and then she can file her own I-485 with you.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you have a valid NIV status, she can apply for the dependent visa in the same category. A pending I-485 does not allow you to sponsor your spouse.
Mitch Wexler
Find an EB-5 Visa Lawyer: Immigration AttorneyNot by virtue of what you have pending. She would have to qualify for a nonimmigrant visa of some sort to be considered for entry under the circumstances.
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