I came to the U.S. on a B1/B2 Visa and applied for asylum after the one-year deadline but was denied and accrued unlawful presence. A decade or more later, I was granted temporary protected status (TPS) and lawfully obtained the funds after the TPS renewal. I have no unlawful work or criminal history. Could I adjust my status through the EB-5 visa?
Answers
Bernard P Wolfsdorf
Immigration attorneysThere is a way to adjust in the US, but we have to get you back into status via an H-1B for example or another status. We are seeing a lot of these cases, and each one varies based on particularly facts.
Lynne Feldman
Immigration attorneysYou will need a TPS advance parole and travel into the U.S. thereafter to show the entry you need to adjust status. Be sure to have your whole history analyzed before embarking on this path.
Michael A Harris, Esq
Immigration attorneysYou might be able to. If you have not departed the United States after your accrual of unlawful presence, then it may be that you have not triggered the 10-year bar of inadmissibility. If you did depart after an accrual of more than 180 days or one year of unlawful presence, then you may be subject to the bar. But if you did not depart the U.S. and you now have TPS, then to be able to adjust your status in the U.S. we would have to evaluate whether you can seek parole under the TPS program. This is because in 2022, the USCIS rescinded an adopted decision called Matter of Z-R-Z-C-. USCIS stated that effective July 1, 2022, TPS holders may be able to obtain a travel document that could allow them to be inspected in such a way that could allow them to apply for adjustment of status. Whether you are ultimately able to do this will depend on your private consultation with an immigration specialist.
Dennis Tristani
Immigration attorneysYou cannot adjust status if you are not currently in lawful status - having a pending asylum application does not qualify in this regard.
Belma Demirovic Chinchoy
Immigration attorneysIt’s not clear whether unlawful presence bar applies, a more detailed analysis is required.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.