I just filed I-539 to adjust status from L2 to F1/F2. My I-94 will expire soon. I am also an EB-5 investor. In case my priority date becomes current, are we eligible to file I-485 when my I-539 is pending and I-94 expired? If yes, may I stay in the U.S. to wait for the I-485 approval in the U.S.?
Answers
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyIf your I-94 reflecting your current nonimmigrant status is still valid, then you can file the I-485. If not, you should wait until your change of status is approved before you file for adjustment of status.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyUntil recently I would say yes， you could file your I-485; but currently, USCIS is taking the position that you are not maintaining status while the change of status is still pending. You must be in nonimmigrant status to adjust status to I-485 as an EB-5 investor. You are able to remain in the U.S. while your change of status is pending.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you file with the change of status pending the adjustment may or may not be approved. If the change of status is approved, and the case is otherwise approvable, you might be eligible to adjust status. In order to adjust status, you must not be out of status or have engaged in unauthorized employment or otherwise be inadmissible.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyYou need a valid I-94 to file for adjustment.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, you can file if the change of status is pending. Yes, you can stay in the U.S. until there is a decision.
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.