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Can an EB-5 investor stay in the U.S. while the I-526 Petition is pending?

The I-526 Petition does not grant the petitioner any immigration status, and therefore the only way an EB-5 investor will be able to legally enter and remain in the U.S. is through a separate nonimmigrant visa. Also, if a nonimmigrant visa does not carry dual intent, the investor would likely have to obtain that visa before Form I-526 is filed and may be unable to renew it once the EB-5 case is pending.