I”m the Russian EB-5 applicant. I have an I-526 approved about half a year ago. Currently, my case is in the NVC and I”m expecting an interview appointment at the embassy. The problem is that it is closed since March 2020. And there is no clearance of when it”s going to open. We have our B1/B2 visas that expired 1.5 years ago. Is there any way to adjust our status in the USA? I know that we have few chances to get B1/B2 right now as I have an approved i-526.
But if we get those visas, is there any legal way to get conditional green cards in the USA?
Answers
Salvatore Picataggio
Immigration Attorneys DirectoryEntries via nonimmigrant visas like the B-1/B-2 need a showing of nonimmigrant intent. That is, you cannot be entering as a visitor with the intent to file for an adjustment of status right after. The Department of State, somewhat adopted by the USCIS, has a presumption of 90 days after an entry where filing for something new wont raise questions about your former entry, but that should be discussed with your attorney.
Dale Schwartz
Immigration Attorneys DirectoryI have two clients, one with EB-5 case; another with American husband and baby, who have been waiting 18 months for an appointment. The Embassy has been mostly closed due to COVID. We have gotten U.S. Senators involved. No help. They are open somewhat now but they have a big backlog. I am trying to get my clients appointments at other Embassies in the world, but so far, no help. I am afraid you just have to sit on the eggs until they hatch!
Bernard P Wolfsdorf
Immigration Attorneys DirectoryIt is risky to enter on a B-visa with an intention to adjust. The U.S. Embassy will open soon for processing. The Consulate in China just opened. A lawsuit was filed challenging this on April 8 and on April 9, then the China US consulate opened for processing. Maybe a lawsuit would help since there appears no logical reason to remain closed. The United States Embassy and Consulates in Russia remain unable to resume routine immigrant and nonimmigrant visa services at this time.
Lynne Feldman
Immigration Attorneys DirectoryIf you are able to get to the U.S. on a valid nonimmigrant entry then yes you may adjust status in the U.S.
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