Question:

The filing of an I-526 investor petition for the EB-5 business does not authorize your stay in the U.S. Please note you cannot stay in the U.S. if you are out of status, and if you are unauthorized for more than 6 months and the leave the U.S. you will barred from reentering the U.S. for three years. The I-526 process is taking several months and under your circumstances if there is an approval of the I-526 then you may not be able to file for adjustment in the U.S. if you are out of status. Also the filing and adjudication process of an Asylum application does not put you in a legal status to allow for an adjustment to conditional permanent residency based upon a filing and approval of an I-526 Petition.

This is a question of obtaining the actual conditional permanent residency after the I-526 is approved (you can apply for the I-526 approval from in the US or abroad). One in the US under asylum can adjust as long as they comply with USCIs rules and regulations for such adjustment, which would be reviewed and planned for with the assistance and representation of qualified US immigration counsel (like our law firm).