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Should an EB-5 investor with an approved I-526 Petition maintain a current nonimmigrant visa?

If an EB-5 investor has current nonimmigrant status, he/she should maintain that status since the process of adjusting to conditional permanent resident status is easier than consular processing . If nonimmigrant status is abandoned, it will be necessary for the foreign national to return to his/her country of origin in order to avoid accruing unlawful presence and to file for the EB-5 Visa at his/her embassy or consulate.