I am a beneficiary of the DACA program. I am currently residing in the United States. If I were to successfully acquire a qualifying business that meets all the requirements of EB-5, would I be eligible to file an application and adjust my status upon approval without having to leave the country?
Answers

Daniel A Zeft
Immigration attorneysAs a DACA beneficiary, you are protected from being deported. However, you do not have a legal status in the United States. Since you do not have legal status, you would not be able to adjust status without leaving the United States.

BoBi Ahn
Immigration attorneysYou can process for the EB-5 petition, but when it is time to file for the next step (upon approval of an EB-5 petition,) you will have to depart the U.S. and go through the consular process, unless you have maintained your lawful status in the U.S. throughout your presence in the U.S.

A Olusanjo Omoniyi
Immigration attorneysThe answer will have to be affirmative. Also, make sure you coordinate your plan with your EB-5 attorney who should be keeping current of the legal and political proceedings on DACA that is in the U.S. Supreme Court. The outcomes from both the court and Congress will determine the fate of DACA members including yourself on what they can and can''t do particularly with regards to their immigration status and benefits.

Bernard P Wolfsdorf
Immigration attorneysIn order to adjust status, you have to be in valid nonimmigrant status since there is no 245(k) protection for EB-5 investors. There is a narrow class of persons who have had advance parole and reentered as a parolee who may be eligible to adjust in certain locations in the U.S. These are tricky cases.

Lynne Feldman
Immigration attorneysOnly if you have always maintained your status and had a legal entry. If you got DACA before you were 18 years old, then you can go through consular process without the need for a waiver; otherwise, if you have no legal entry or fail to maintain status, you can get permanent residency, but it would require consular processing and a waiver with a qualifying relative (a spouse or parent who is a permanent resident or U.S. citizen).

Ed Beshara
Immigration attorneysYou have to file an EB-5 petition first, and obtain approval before you can file an application for conditional permanent residency. The application for conditional permanent residency can be filed in the U.S. for adjustment if you are currently in legal status in the U.S.

Charles Foster
Immigration attorneysMost likely you would have to apply abroad and could be subject to the 10-year bar; if you were paroled in the U.S. under certain circumstances, you could be eligible for adjustment of status based on a minimum $900,000 investment.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.