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Aug 15th, 2020

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Key considerations when an EB-5 investor files an I-485 to adjust status in the U.S.

Key considerations when an EB-5 investor files an I-485 to adjust status in the U.S.

Immigration lawyer Joseph Barnett says there are five things an EB-5 investor living in the U.S. should know about filing an I-485 to receive conditional permanent residency. Key points include: U.S. Citizenship and Immigration Services (USCIS) will look for misrepresentations or inconsistencies between a current I-485 and prior applications; an investor is not allowed to file an I-485 if they have had any unauthorized employment — even for just a single day.An EB-5 investor living in the U.S., perhaps as a student or working, may be eligible to stay in the country and get a conditional Green Card by an Adjustment of Status; this is done with the approval of a Form I-485. Immigration lawyer Joseph Barnett of Wolfsdorf Rosenthal, has five key considerations for EB-5 investors who wish to do so.

  • A visa must be available. And an investor’s priority date must be “current” according to the Visa Bulletin. A priority date marks the time USCIS received an I-526 petition. At the time of this writing all countries except for China and Vietnam have visas available.
  • No misrepresentations or inconsistencies with previous applications. The immigration agency will likely cross-check a current Form I-485 and previous immigration applications. Barnett advises that this is of particular importance to investors who recently entered the U.S.
  • Maintenance of lawful status. Applicants, in general, must have maintained lawful status since entering the U.S.
  • Only authorized employment in the U.S. Any unauthorized work in the country, even for as little as a single day, can prevent I-485 approval. While other employment-based categories offer exceptions, EB-5 applicants must comply strictly with this rule. Barnett notes that leaving the country and reentering prior to filing an I-485 does not change compliance with this condition.
  • Conditional permanent residents must comply with INA 216 or 216A. To remove conditions on their status, as a general rule.

Read Wolfsdorf Rosenathal lawyer Joseph Barnett’s article

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