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I had applied for EB-5 in 2018 via the regional center program and have gotten I 526 approval. I moved to the U.S. in 2019 on L-2 visa and applied for adjustment of status. I have so far received I-797 notice. What happens if I loose my L-2 visa status given that EB-5 regional center program has lapsed. Can I and my family remain in the U.S. on the basis of I-797 ?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The lapse is almost certainly temporary. If you have a valid L-visa status, that allows you to stay. When congress extends, it’s back to normal.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

L-2 status is unrelated to the EB-5 program until you get your conditional green card.

F Oliver Yang

F Oliver Yang

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The lapse of EB-5 regional center program will not affect your L-2 status. As long as you had a valid status on the date of filing, you may stay in the U.S. under I-485 pending status.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Until further notice from USCIS, you can remain in the U.S. based on a properly filed I-485. Discuss the implications with your attorney.

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