Preeti Sinha

What happens between I-526 filing and approval?

It sounds like Form I-526 can take at least nine months to approve. What happens in the meantime, between filing and approval? I want to be able to buy a house in the United States and live in it after filing in order to manage the investment. But if I do not have an immigrant visa, and cannot remain in the United States for more than three months, how can I run the investment?


Raymond Lahoud
August 21, 2016 01:31 PM  Raymond Lahoud

You really cannot run the investment, as the transfer of funds will occur when the petition is approved. Also, when in the United States, you must remain in lawful status. You say that you can only stay for 3-months at a time-- what type of visa do you currently use to enter the United States?

Gregory Finkelson
October 12, 2018 03:33 PM  Gregory Finkelson

If you would like to come to the U.S, you may obtain another visa to stay legally until your I-526 is approved.

Marko Issever
December 30, 2018 01:48 AM  Marko Issever

If after you file the I-526 you would like to come to the United States immediately, you should have a non-immigrant visa such as F1, E-2 or the like before you apply for the EB-5. Once you apply for the EB-5 through submitting an I-526 application, you would be declaring your immigrant purpose. Following that with a non-immigrant purpose visa application such as F1 could be cause for denial on the basis of dual intent.


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