US person criteria


pmoorthy

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The term "U.S. Person" can mean several different things, depending on context.

22 CFR 120.15 says:

"U.S. person means a person (as defined in § 120.14 of this part) who is a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States. It also includes any governmental (federal, state or local) entity. It does not include any foreign person as defined in § 120.16 of this part."

Since you are asking about a person with a pending I-485, I assume that you are asking about the first part in the definition, then no, somebody with a pending I-485 is not a US person.EAD or not doesn't matter, either.

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