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Question:

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How can I apply for EB-5 while under a J-2 visa? Currently, I live in Portland working under an F-1 (OPT) visa, while my wife is pursuing her medical residency training under a J-1 visa which has a two-year home residency requirement (HRR).

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Answers:

March 07, 2014 15:15 Sal Picataggio

I think your idea to change status before filing the I-526 petition is good. You can file the I-526 under a nonimmigrant status (like the J2) and indicate you wish to adjust status upon approval (filing the I-485 application with USCIS). If there is some delay and your nonimmigrant status expires, you can still go through consular processing at a U.S. consulate in your home country.

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January 24, 2014 11:09 Ed Beshara

You can file an EB-5 I-526 petition whether you are in or outside the U.S.

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