You are hereFrequently Asked Questions / EB-5 Processing & Procedures / [Q] I entered the U.S. on a visa waiver program. I have I-526 petition approved. Can I file I-485 in the U.S.?

[Q] I entered the U.S. on a visa waiver program. I have I-526 petition approved. Can I file I-485 in the U.S.?


First, all visa waiver entrants are given only 3 months of stay, and they cannot change status or adjust in the United States, even if they have an immigrant petition approved and they are maintaining their status in the U.S. That's the benefits the visa waiver entrants forego in exchange for visa waiver benefits.