In order to be eligible for the adjustment of status and to file the I-140 and I-485 concurrently, are you just required to be physically present in the US, or do you also need proof of residence in the US? The closing for my home in the US will be 4 months after I file the applications, and I will need to determine if I should rent in the interval time period. Does this have any effect on my case?
Answers
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyYou must have been admitted or paroled into the U.S. and be in the U.S. lawfully in order to adjust status. There are certain exceptions for unlawful presence and work without authorization if you are filing an I-140 petition. Form I-485 requires a U.S. address, however, you do not need to include proof that you are renting/own property when you file. I strongly recommend consulting with an immigration attorney concerning your future application.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyGenerally, your passport and I-94 are sufficient proof you are in the U.S. in valid status.
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