Questions and Answers > EB-5 Forms

How can the spouse of an EB-5 investor get an AP on a J-1 visa?

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

  Immigration Attorney

  Answered on December 5, 2022

  Not 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

  Immigration Attorney

  Answered on December 5, 2022

  The 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

  Immigration Attorney

  Answered on December 5, 2022

  With a 2 year foreign residence requirement, she cannot file I-485. Is she eligible for a waiver?

• Stephen Berman

  Immigration Attorney

  Answered on December 1, 2022

  If 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.