I am an EB-5 investor with a pending I-526. I am on an F-1 visa. My wife is currently living in the U.S. on a J-1 visa (two-year home residency requirement). I know she is not eligible to get a green card. However, it would be great if she can get Advance Parole form I-131. Can she still file I-485, I-765 and I-131? The purpose is to get EAD and Advance Parole so that she can go back and forth to our home country to pay for the two-year requirement. Is there any other way to do this?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyNot eligible to file until she gets a waiver of the two year requirement (perhaps no objection letter from home country) or serves 2 years overseas in country of J sponsorship.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThe I-485 adjustment cannot be filed if she is a J-1 subject. The adjustment and advance parole should be denied if you file without a waiver. She needs to get a waiver in order to file the adjustment.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyWith a 2 year foreign residence requirement, she cannot file I-485. Is she eligible for a waiver?
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyIf she has no waiver and is not filing for adjustment, she cannot get advance parole. Rather, she can depart and return on her J-1 visa.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.