Michael A Harris, Esq
Immigration AttorneyThis 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.
