Questions and Answers > EB-5 Investments

How can I change from an asylum case to an EB-5 visa?

My asylum application is pending and it has been pending for quite awhile. So, I'm looking for a new ways to get this issue solved and applying for an EB-5 visa is one option. The biggest issue is that I had an unlawful presence for less then three months between my last day of staying and asylum filling. Would I be able to apply for EB-5 even with this unlawful presence? How would I change from the pending asylum case to an EB-5 visa?

Answers

• Julia Roussinova

  Immigration Attorney

  Answered on January 29, 2016

  If you had less than 180 days of unlawful presence in the United States, you may file an I-526 petition (which is not going to give you any status in the United States) and then consular process in your home country based on the approved I-526 petition to obtain the immigrant visa in the United States. Before you do that, you should consult an experienced immigration attorney who can analyze your unlawful presence periods and discuss all circumstances with you, including abandoning your pending asylum application and applicable risks.

• Ed Beshara

  Immigration Attorney

  Answered on January 11, 2016

  An experienced EB-5 and immigration attorney will be able to assist you, analyze, and offer you legal guidance. The filing of the I-526 petition is separate from the foreign national applying for conditional residency.

• Xiaosheng Huang

  Immigration Attorney

  Answered on January 11, 2016

  We need to confirm how long you were allowed to stay in the United States based on your visa. However, you are not allowed to change from asylum to EB-5 in the United States if you have been out of status. If you really want to apply for EB-5, you need to leave the United States immediately.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on January 11, 2016

  If you have less than 180 days of unlawful presence you can apply, but will have to go to your home country to apply for the visa.

• John J Downey

  Immigration Attorney

  Answered on January 11, 2016

  Unlawful presence can be a bar to applying for EB-5. However, before you jump the gun on your asylum petition, seek the advice of competent immigration consul. You may have to abandon your asylum case to file EB-5 and there are no guarantees.

• Salvatore Picataggio

  Immigration Attorney

  Answered on January 11, 2016

  After filing the I-526 petition, and after that is approved, you then file for either adjustment of status or for the EB-5 visa at a U.S. consulate. If you remain in the United States while the I-526 is pending, that can be another 12-14 months of unlawful presence.

• Ian E Scott

  Immigration Attorney

  Answered on January 11, 2016

  You can only adjust status in the United States after an I-526 approval if you are in valid status. You would not be precluded from consular processing, but that would mean leaving the United States. You should speak to a lawyer to discuss your options in detail.