I am currently in the TPS program, but I have accrued unlawful presence in the past. Will this past transgression affect my adjustment of status through the EB-5 visa? I believe I meet all the requirements. Funds were lawfully obtained while on TPS. I have no criminal history and no unlawful work.
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysEB-5 allows adjustment of status under section 245 (k) that allows only 6 months of being out of status. But there are now options to get back into lawful status such as H-1B, and then you might be eligible to apply in the US.
Lynne Feldman
EB-5 Immigration attorneysYou may need a TPS travel with advance parole to have a legal entry so you can use Section 245(k).
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