As a Canadian citizen, can I go for concurrent filing for my EB-5 I-485 and I-526 petitions if I cross the border to the USA by car? Or do I have to be residing in the U.S.? What is the time limit for that?
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.
