{"id":179434,"date":"2022-11-28T10:38:37","date_gmt":"2022-11-28T10:38:37","guid":{"rendered":"https:\/\/yellowgreen-hornet-733785.hostingersite.com\/faq\/can-a-foreign-national-in-the-united-states-with-a-pending-asylum-petition-pursue-the-eb-5-program\/"},"modified":"2026-03-31T11:04:37","modified_gmt":"2026-03-31T11:04:37","slug":"can-a-foreign-national-in-the-united-states-with-a-pending-asylum-petition-pursue-the-eb-5-program","status":"publish","type":"faq","link":"https:\/\/eb5visainvestments.com\/tr\/faq\/change-of-status\/can-a-foreign-national-in-the-united-states-with-a-pending-asylum-petition-pursue-the-eb-5-program\/","title":{"rendered":"Can a foreign national in the United States with a pending asylum petition pursue the EB-5 Program?"},"content":{"rendered":"

An asylum claim and the EB-5 program may be pursued concurrently. Therefore, a foreign national with a pending asylum petition is permitted to begin the EB-5 process by filing Form I-526E<\/a>.
\nNote, however, there are a number of factors to be taken into consideration in this situation. For instance, while the pending asylum petition grants the petitioner an authorized stay in the U.S., it does not confer any form of legal nonimmigrant status. So unless the asylum seeker has managed to maintain lawful nonimmigrant status in the United States, it will not be possible for them to adjust status as an EB-5 investor<\/a> after the approval of Form I-526E. In this case, the EB-5 investor would need to return to their home country for consular processing. However, the act of returning to their home country may have a negative impact on the pending asylum petition. Furthermore, if the prospective EB-5 investor had previously accrued unlawful presence<\/a> as an asylum seeker or worked without proper authorization, this could affect their eligibility for the EB-5 program. Finally, the asylum petition must be fully legitimate and non frivolous\u2014any fraud findings could affect the prospective investor\u2019s EB-5 application, pending asylum petition, and have long term consequences.
\nAny prospective EB-5 investor with a pending asylum petition should seek counsel from an experienced immigration attorney<\/a> before proceeding to fully understand the potential risks and consequences.
\n