I have Canadian citizenship. I am living in Canada since 2000. On June 2019 when I entered the USA I got deported because they said I misrepresented to an officer for my overstay in the USA. Then I got a I-192 waiver and I-212 waiver approval for 5 years. Now I got a I-526 approval letter on my EB-5 direct investment. Right now I am in the USA on a visitor visa so my question is if I can apply for a I-485 right away or if I have to submit a waiver with my I-485 application?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThe waiver of inadmissibility you have been granted is only for the specific visa application, in this case it appears to be for a nonimmigrant visitor. Unfortunately, to apply for an adjustment of status, you need to meet several clear circumstances such as proving extreme hardship to a U.S. citizen or permanent resident spouse or parent.
Raymond Lahoud
Find an EB-5 Visa Lawyer: Immigration AttorneySince you received a waiver, you may be able to proceed with the adjustment of status while you are in the U.S. It is best to have immigration counsel on a matter of this sort.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyThe waivers you got were for a nonimmigrant visa. You cannot get the overstay waiver, form I-601, in the U.S.; you need to apply for it through consular processing.
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