I am a U.S. citizen and my sister is currently visiting me in the U.S. She entered legally with a tourist visa, which expires in November 2023. She has been here less than three months and I want to adjust her status with an EB-5 I-485 application. Can she stay in the U.S. with me while waiting for the application to be approved? What steps do we need to take?
Answers
Lynne Feldman
Immigration Attorneys DirectoryShe may concurrently file the I-526 and I-485 and will be able to legally remain here. Do you have a project in mind for her to invest in?
Daniel A Zeft
Immigration Attorneys DirectoryYour sister cannot stay in the U.S. beyond her several months of authorized stay as a B-2 visitor.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryProvided she did not enter with an intent to file an adjustment, it may be possible to donate the necessary investment amount and then file a concurrent EB-5 petition together with an adjustment of status application.
Steffanie J Lewis
Immigration Attorneys DirectoryCheck the Department of State monthly bulletin to see if an EB-5 immigrant visa is available to persons of her nationality. If a visa is available, file the form I-526 concurrently with form I-485 and all supporting evidence. Certain immigrant visas are set aside for use for specific purposes and a visa might be available after investing in such a set aside project. Because so much money is at risk of loss, I strongly suggest that you engage a reputable EB-5 immigration attorney to guide you to a broker who can provide you with options and to assist in performing your due diligence prior to making your investment.
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