You are hereFrequently Asked Questions / EB-5 Eligibilities & Requirements: I-526, CPR & I-829 / [Q] My family and I have been in the US in J-1 and J-2 visas. Can we still pursue EB-5 case?
[Q] My family and I have been in the US in J-1 and J-2 visas. Can we still pursue EB-5 case?
You can file I-526 petition at any time, any where. However, to obtain immigrant visa or I-485 adjustment approval, you and your dependent family members need to show that you are not subject to the 2-year home residency requirement, you satisfied the 2 years home residency requirement or you and your family have obtained a waiver of the 2-year home residency requirement. Of course, whether you would want to pursue I-526 petition process in this circumstance is another question altogether.
This is just one example of how in certain EB-5 cases, a good understanding of overall U.S. immigration law is a prerequisite to becoming a good EB-5 practitioner. I dare anyone to try to become a good EB-5 practitioner without having at least many years (something like 10 years) experience in general areas of U.S. immigration law.