Should I apply to EB-5 before my TN visa expires or renew? - EB5Investors.com

Should I apply to EB-5 before my TN visa expires or renew?

I am a Canadian citizen living and working in the US since 2018 on a nonimmigrant NAFTA Professional (TN) Visa. I married my husband, a US Citizen, in 2019 and we now have 2 children. I am thinking of applying for a green card. However, my TN expires end of June 2024. Should I apply for the green card now or wait till June to renew my TN Visa and then apply for the green card? Also, we would like to travel to Europe in August to celebrate our 5-year anniversary. Will I be able to travel and return to the US if my green card application is still pending?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Hard to understand why you might apply for EB-5 is married to a US citizen. The travel permits take about 3-5 months so if you eligible to renew your TN, then you likely need to do that first.

Gregory Romanovsky

Gregory Romanovsky

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Typically, a marriage-based route would be most effective and straightforward in this situation. But it's a strategy decision that you'll need to make with the attorney working on your case.

Darren Silver

Darren Silver

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Under the new concurrent filing rules, you can file your EB5 including your adjustment of status application as long as you are inside of the United States, and in status (visa numbers must be available). As such, you can file prior to your June 2024 expiration. The filing of this application would instantly place you in status and you would be able to remain inside of the United States until you receive your green card. You would not be required to rely on your underlying TN status any longer. In addition, the application will include a work authorization and travel authorization permit.

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