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FAQs
Can I apply if I have been rejected or terminated in the past by USCIS for an L-1, E-2, B, or other visa?
Past rejection does not disqualify the applicant unless the reasons for rejection are related to immigration fraud or other major problems. It is most important that all criminal, medical, or U.S. immigration history problems be disclosed to LCR Capital Partners and your legal counsel in advance of application.
Can I apply for an EB-5 visa if I am currently out-of-status (i.e., I live in the United States, but do not have a valid visa)?
Nationals who are out-of-status are not permitted to apply for permanent residency from within the United States. They must first return to their country of origin and apply through the U.S. Embassy there.
Examples of “out-of-status” individuals include students, tourists, and E-2 treaty investors who no longer have valid visas because they remained in the United States after their visas expired or were revoked.
How can someone living overseas apply for an L1 visa and then file for an adjustment of status based on the EB-5?
The L-1 Visa is an intracompany transfer for an employee or executive who is proven to be needed onshore (in the U.S.) to execute certain critical tasks of the company. The L-1 is initially issued for one year. The L-1 is a dual intent visa, meaning Adjustment of Status (AOS) is readily available, similar to an H-1B visa.
The L-1 Visa can also be issued with other L-4 visas if required. The L-4 is for dependents (spouse and children under 21) who are not in the U.S. but want to move along with the L-1 holder to the U.S.
Do all benefits of a Green Card apply under a conditional Green Card?
Yes, all benefits associated with a permanent Green Card also apply to a conditional Green Card. The only difference is that the conditional Green Card is valid for two years and requires the investor to demonstrate that the investment has created the requisite jobs within that timeframe for it to become permanent. Once the conditions are removed, the investor and their family receive permanent Green Cards.
What is the expected timeline for permanent Green Card approval?
Unfortunately, we cannot provide an exact timeline for permanent Green Card approval due to the inherent variability in U.S. government immigration processing. To be safe, an EB-5 investor should generally anticipate their conditional Green Card becoming permanent around Year 4 or later from the initial conditional approval.