How will leaving the U.S. affect my pending I-526? - EB5Investors.com

How will leaving the U.S. affect my pending I-526?

I have been in the US for 2 months. My I-94 allows me to stay 6 months. However, I plan to leave after I file my I-526 at the end of this month. I plan to return 3-months later.

My problem is, the dates on my current I-94 and the I-94 number will change when I come back and will be different from the I-94 info on my I-526 application. Is this a problem?

Can I leave while my I-526 is pending and come back with a new I-94 stamp/ticket in my passport and adjust status with the new I-94?

Answers

Reza Rahbaran

Reza Rahbaran

Immigration Attorneys
Answered on

The date change in your I-94 will have no effect on your I-526 petition. The filing of an I-526 petition demonstrates an immigrant intent, therefore making the approval of a non-immigrant visa unlikely.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

The I-94 date and I-94 number on your I-526 petition are not that significant. You must remember, however, that a visitor visa is to be used only by a nonimmigrant entering the U.S. for temporary purposes. If you enter the U.S. for the purpose of filing your adjustment of status application, that is not a temporary purpose. You could enter the U.S. for legitimate nonimmigrant visitor purposes and then, while here in the U.S., apply for adjustment of status if/when your I-526 petition is approved. The point is that the entry should not be for the purpose of filing your adjustment of status. If that is the only reason, then you would have to wait in your home country to do immigrant visa process. In any event, you should consult with an experienced immigration attorney before you make any travel plans.

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

While the I-526 petition is pending you may leave the U.S. and you can return to the U.S. with a visitors visa. When you return with a visitors visa you have to intend only to stay in the U.S. for a temporary period of time and then return to you home country. You can not use the visitors visa to enter the U.S., wait in the U.S.until your I-526 petition is approved, and then apply for conditional permanent residency and adjust here in the U.S. Under the right circumstances you may have a choice in applying for residency while in the U.S.or applying directly for a residency visa through the U.S.consulate.

Rachel Lew

Rachel Lew

Immigration Attorneys
Answered on

Without knowing what your current status is on the I-94 card, it is difficult to answer your question. Assuming that you are on a B1/B2 visa and leave after you file I-526 petition, you may have problem getting another B1/B2 visa to come back to the US because I-526 petition carries with an immigrant intent that conflicts with the B1/B2 non-immigrant visas. Therefore, it is a good idea to stay in your country until you are approved for I-526 and immigrant visa application.

Jeffrey E Campion

Jeffrey E Campion

Immigration Attorneys
Answered on

There is no effect on your I-526. However, there is an issue as it relates to how you will receive the residency adjustment of status or consular processing. If you anticipate consular processing, it is a nonissue. If you are anticipating filing for adjustment of status, it could create an issue for you as you have an immigrant intent while entering on a tourist visa non immigrant. I strongly suggest you consult with your immigration attorney if you are planning on filing for adjustment as you could be denied for preconceived intent.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

Yes you can leave and it will not affect your EB-5 application. But you may have a hard time re-entering the USA if you have an I-526 pending. You will have to convince them at the airport that you have no plan to remain in the USA (round trip ticket, etc.).

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Yes as long as you are in status when you file your I-485 (after I-526 approval) it doesn''t matter which I-94 you are adjusting from. Problem is that the I-526 indicates you intend to immigrate to the U.S. I am not sure what status your I-94 card is in but if it is based on a B-2 visitor visa or similar visa then you may have problems at the Port of Entry because you no longer have the requisite non-immigrant intent. You do need to make sure you do not overstay your I-94 card or then you won''t be eligible to adjust status.

Marc Yelnick

Marc Yelnick

Immigration Attorneys
Answered on

The issue is not are you eligible to leave (you are), but to what degree will it hamper your overall immigration situation/posture. This must be handled very carefully.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

This could have an effect on your plans to obtain the Conditional Permanent Residency. At the time of filing the I-526, you will indicate that you either wish to be processed through the consulate in your home country or adjust status in the US. Depending on your current US Immigration status, you may be able to extend your period of stay. We recommend retaining experienced US immigration counsel, like the attorneys at our law firm, to help you arrange a timeline for your immigration processes and goals.

Michael A Harris, Esq

Michael A Harris, Esq

Immigration Attorneys
Answered on

You really need to speak with immigration counsel on this one. Generally a departure has no effect on a pending I-526 because you need to wait for the I-526 to be approved before you can seek Adjustment of Status (AOS) or an Immigrant Visa overseas. Hence, you could not have filed for AOS concurrently with the I-526. The other serious issued raised by your question is one of preconceived intent. Answering these questions will be best suited for an attorney who can discuss what nonimmigrant status you are in, as well as other confidential issues.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

Leaving the U.S. with a pending I-526 is not a problem at all. The I-94 number you indicated at the time of filing the I-526 just needs to be the number a the time of filing. It''s subject to change when you travel subsequent. I-526 Petition is a preliminary step toward filing for permanent residence, and as such your stay in the U.S. does not affect the Petition.

Mahsa Aliaskari

Mahsa Aliaskari

Immigration Attorneys
Answered on

There are generally no restrictions to leaving the U.S. while an I-526 is pending. Your ability to re-enter the U.S. may be impacted depending on the visa status you are using to re-enter, this should be discussed with your immigration counsel so that you may plan accordingly.

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