Questions and Answers > EB-5 Investments

How can I legally stay in the US while the EB-5 application of my father is pending?

My dad applied for a EB-5 visa a while ago (for him and I) and we are still waiting for approval. He recently arrived in the US and has to wait 90 days before he can apply for I-485. I am currently in the US but my OPT expired on May 29. Can I still stay in the US while waiting for him to apply for I-485?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on August 1, 2022

  Under the new law, you can be out of status by up to 180 days.

• Lynne Feldman

  Immigration Attorney

  Answered on July 25, 2022

  You have a 60-day grace period after OPT and there is a 180-day forgiveness period for out of status, but I would arrange for both of you to file the I-485s immediately - the change in plans to file sooner than 90 days can be your status lapse.