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Questions and Answers > EB-5 Investments

How can I apply for an AOS for my EB-5 application on a B1/B2 visa?

I applied for EB-5, which got approved in Feb 2020. Since I was in India, I went through consular processing and my case stands as documentarily complete at NVC awaiting an interview. Two months ago, I came to the US on a non immigrant Business Visa (B1/B2). There is again a surge in Covid cases in India and lockdowns and curfews are being laid down and so the Embassy is shut again. Can I apply for adjustment of status in the US? Are there greater chances of me getting a refusal since I came on a non immigrant visa and am applying to become an immigrant? Would the 90-day rule adversely affect my application ? If I do apply and get refused, could I still go back to India for consular processing ?

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Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you entered with an intention to adjust, that can be a problem and could be deemed visa fraud. If raised, you would have to show there was a legitimate visitor purpose when you entered and a supervening circumstances that caused you to change your intent. If denied, you could be denied based on visa fraud which is a permanent bar to immigration benefits.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    As a person in the United States in valid nonimmigrant status, you are eligible to apply for adjustment of status based upon your approved immigrant petition and an available immigrant visa number/current priority date.

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    Linda Liang

    Immigration Attorney
    Answered on

    You were saying your EB-5 petition was approved in Feb 2020 and by now your case is ready at NVC for an interview? Are you sure? Whether you can apply for AOS depends on your priority date. If you are confused about the process, you should consult with an attorney.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You must observe the 90-day rule and be mindful of the possible misrepresentation. EB-5 based AOS are now pending for an average of 2-2.5 years and you will be unable to leave the U.S. until your I-131 is adjudicated, which could be more than 12 months.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, you can.