Questions and Answers > EB-5 Investments

How can a pending EB-5 investor apply for B1/B2 visas for the holidays?

i just filed a direct I 526 petition in September, just want to know how I can still apply for B1/B2 visas for holidays to USA with a pending petition?

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on December 13, 2021

  This is usually doable especially if you have strong ties to your home country, can show you are just coming temporarily and your I-526 requested consular processing.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on December 10, 2021

  Yes, you need to explain that you have applied for EB-5 and show you plan to return to your home country and the visa may be issued at the discretion of the consulate.

• Stephen Berman

  Immigration Attorney

  Answered on December 7, 2021

  Yes, you can do that.

• Dennis Tristani

  Immigration Attorney

  Answered on December 7, 2021

  Yes, I have had many clients do this successfully. So long as the investor can confirm that they do not intend to overstay their B-1/B-2 visa and pursue consular processing upon approval of the I-526 petition, most U.S. consulates will not take issue approving a B-1/B-2 visa to an EB-5 investor who is traveling for business or pleasure.

• F Oliver Yang

  Immigration Attorney

  Answered on December 7, 2021

  You can still apply as long as you can show that the purpose of this particular trip is temporary. However, it is still risky. You should consult with an experienced immigration attorney.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on December 7, 2021

  It should be fine. Make sure you always disclose all IV petitions.