I will enter the U.S. on a TN visa; can I apply for EB-5 once I am in the U.S. and on a TN visa? Do I have to wait for 90 days before applying for EB-5? Can I file adjustment of status concurrently or do I need to wait for 90 days for the same as well? My spouse and kids will join me after 4 months, will they get a TD visa if I have already file EB-5 visa? Or should I file EB-5 after the entire family is in the U.S. on a TN and TD visa?
Answers
Bernard P Wolfsdorf
Immigration attorneysTN and TD are temporary visas and when you enter on a visa you need to comply with the terms of that visa. The law does permit an individual to change their intent, but this must be measured by objective criteria.
Julia Roussinova
Immigration attorneysYou may file I-526 and I-485 concurrently while in TN status in the US assuming immigrant visa is current at the time of filing. Your family should enter the US in TD status before you all file. You should not travel outside the US until you receive approved advance parole documents. Hire an experienced EB-5 immigration attorney to consult you and prepare your case.
Lynne Feldman
Immigration attorneysYou may start the I-526 process on the TN, but I would wait until your family is here to all file the I-485’s assuming the Priority Date is current in your category.
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