How does concurrent filing work for EB-5 investors?

This is a very complicated question that you need to speak with an immigration specialist about. The reason is when you visit the U.S. as a tourist, you cannot have immigrant intent or preconceived intent to later change or adjust your status. Concurrent filing is an option for EB-5 investors who meet the eligibility requirements. To apply for adjustment of status (Form I-485), an applicant must show that they entered the United States with a nonimmigrant intent and have maintained that intent throughout their stay. In general, it is possible for a tourist to enter the United States and then submit Form I-485 to apply for a green card, but there are risks and restrictions involved. The main risk is that immigration officials may suspect that the tourist had preconceived intent to immigrate when they entered the country as a tourist, which is a violation of U.S. immigration law. You need to speak with an immigration specialist in order to assess the risks. In summary, while it is possible for a tourist to later apply for an I-485, it is important to proceed with caution and to minimize the risks involved.

This is a very complicated question that you need to speak with an immigration specialist about. The reason is when you visit the U.S. as a tourist, you cannot have immigrant intent or preconceived intent to later change or adjust your status. Concurrent filing is an option for EB-5 investors who meet the eligibility requirements. To apply for adjustment of status (Form I-485), an applicant must show that they entered the United States with a nonimmigrant intent and have maintained that intent throughout their stay. In general, it is possible for a tourist to enter the United States and then submit Form I-485 to apply for a green card, but there are risks and restrictions involved. The main risk is that immigration officials may suspect that the tourist had preconceived intent to immigrate when they entered the country as a tourist, which is a violation of U.S. immigration law. You need to speak with an immigration specialist in order to assess the risks. In summary, while it is possible for a tourist to later apply for an I-485, it is important to proceed with caution and to minimize the risks involved.

You may not enter with an intent to adjust. If, however, you enter with a legitimate nonimmigrant intent and circumstances change 3 months after entry, you may be eligible to file a concurrent adjustment. Be sure if you enter to be able to prove your lawful entry with an online form I-94 and that you had legitimate nonimmigrant intent and did not sever ties abroad such as quitting your job, etc.

A foreign national who is living in the U.S. in a valid nonimmigrant status can file an I-485 application.

If you get admitted on a nonimmigrant visa, you may file for I-526/I-485 AOS concurrently. You will need to have an advance parole document given to you by USCIS before you can depart the US to travel while I-485 is pending. You may choose to consular process for immigrant visa instead of filing I-485 when your I-526 is approved, which will take a while.

You have to be in the U.S. to file and must remain here until you get the advance parole to travel (which will be many months) unless you are currently on an H or L, which allow dual intent. If you leave the U.S. without AP, then you are abandoning the I-485 portion. If not ready to live in the U.S., then set up for consular process and do not file the I-485.

A Canadian citizen with a valid I-94 can file I-526/485 concurrently. There are a few things to be mindful of, such as you will not be able to leave the US until the advance parole is approved and this may take 12 months or more.

If the visa is available and you have been admitted to the U.S. as a nonimmigrant with inspection, and you are in legal status, you can file to adjust status.