My wife and I are Canadian citizens, originally from India. She applied for an EB-5 visa under the Rural Investment Program post-RIA, and her I-526 petition has been approved. She is currently awaiting adjudication of her I-485 application. Unfortunately, I was not included in her application due to my lifetime inadmissibility under INA 212(a)(6)(C)(i) (misrepresentation). However, I have been granted five-year U.S. entry waivers for B1/B2 and TD visas. Once my wife receives her conditional Green Card, my TD status will no longer be valid, leaving me uncertain about my options for reunification with my family in the United States.
How can I join my wife once she attains her greencard? An attorney mentioned that the I-601 waiver process is lengthy, and I am exploring whether consular processing offers a more expedited alternative. Additionally, we have two U.S.-born children, aged 10 months and 4 years. Managing them alone will be highly challenging for my wife, making my presence in the U.S. all the more critical.
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysBest to apply for a waiver while in the US, as that can take at least three years.
Lynne Feldman
EB-5 Immigration attorneysDepending on your inadmissibility grounds the I-601 may be your only option. In the meantime you may want to apply for your own TN or B-2 and get a waiver attached to that while waiting.
Tony W. Wong
EB-5 Immigration attorneysForm 601 waiver should be your only option. Your family conditions should favor your 601 waiver application. You should file 601 waiver, which is only adjudicated by USCIS, not the U.S. Consulate.
If you don’t mind paying 5 million dollars, you may want to wait and see if the Gold Card becomes a reality. There are not enough details out yet on the Gold Card, but I imagine that people who are eligible will be fast-tracked into the U.S..
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