E2 to EB5

Keithj

New Member
We are 81 and 82, Medicals approved and awaiting conditional GC decision. Sold business due to Covid and DL and E2 visa run out in April 2022. What happens if I do not hear by April? DMV have already said they will not renew DL without I-130. Any ideas.
 

newacct

Well-Known Member
Do you have a pending I-485? Is your EB5 based on this business that you just sold? What state's DL do you have?
 

Keithj

New Member
Do you have a pending I-485? Is your EB5 based on this business that you just sold? What state's DL do you have?
Yes, our I-526 was approved and then the I-485 was moved to California “to speed up processing” on 7.7.21. No, we invested in a large USCIS approved project in Sarasota, Florida and it has now completed and a huge success. We live in St Peterburg, Florida and Florida DL.
 

Keithj

New Member
No, as we want to retire and thought this would not be necessary. We were also advised that whilst our application awaits approval we could not leave the country otherwise our application will be null and void.
 

newacct

Well-Known Member
You should file I-765 for EAD (and while you're at it you might as well also file I-131 for Advance Parole, which, once you get it, would allow you to leave and re-enter the US while your I-485 is pending). Both EAD and AP are free for I-485 applicants. Once you get an EAD, you will be able to get a Florida driver's license. However, based on current processing times, it's unlikely you will get your EAD by April if you file now, so there may be a period when you will not have a driver's license.
 

Keithj

New Member
As we have Florida driving licenses under Florida DMV Law "an approved I-797 for the I-526 and a pending I-485 is presented, no I-130 or I-140 is required". We attended the DMV again today and both my wife and I were given 12 month driving licenses. Thanks for your help.
 

Keithj

New Member
Getting our driving licenses was a relief but our E2 visas run out in April 2022 and I sold my business due to Covid so do not have a qualifying business now. Our I-485's were issued July 7th 2021 and our files moved to the California Service Center for a decision. Any idea how long this will take and are we safe in remaining in the US after our E2 visas expire? We are 81 and 82 respectively and time is not on our side!
 

newacct

Well-Known Member
Yes, you can remain in the US for as long as your I-485 is pending, and going out of status while I-485 is pending does not affect your I-485.
 

Keithj

New Member
We asked our Senator to assist and this was the answer from USCIS this week. "Our records show that your constituents I-526 was approved under the USCIS EB5 Regional Program. Be advised that statutory authorization for this program has lapsed as of midnight June 30, 2021. As such, we will not act on any pending petition or application of these form types that is dependent on the lapsed statutory authority until further notice. This included any pending I-485 that is pending based on an approved I-526 under the EB5 Regional Program". The strange this is that we were advised on 7th July 2021 by USCIS that our case had been moved to California for a decision.
 
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