I applied for EB‑5 in September 2022. My I‑526 was denied in mid‑January 2026. I filed an appeal immediately. My I‑485 was then denied in mid‑February. I reentered the U.S. on Advance Parole in 2023, and therefore lost my F‑1 status. I am now out of status. I want to file a new concurrent EB-5 petition. Can the 245(7) provision in INA save in my case? Will I get a new I-485 denial later, even after I got an I-485 receipt? What can I do to become eligible to file a new I-485?
Answers
David S. Santee
EB-5 Immigration attorneysI cannot answer your question without more information. Based on what you have provided, I am concerned that, every day you remain in the U.S. without status, you increase your risk of triggering a 3- or 10-year unlawful presence bar if you have to leave for consular processing. I would be happy to meet with you to discuss the best course of action for you.
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