Only Some EB-5 Applicants Are Required to Go Through Consular Processing

Investment Immigration Attorneys often use legal jargon that is difficult for a layperson to understand. “Consular Processing” is a good example of this kind of term. Let’s talk about what consular processing really is.

Will I Have to Go Through Consular Processing?

Not everyone will be required to go through consular processing. You will only be required to go through consular processing if you are residing outside of the United States your when your EB-5 application, or I-526, is approved. Those applicants who are already residing in the United State will not be required to conduct consular processing.

Approval Process

Once your I-526 EB-5 application is approved by USCIS, the application will be sent to the National Visa Center, also known as NVC, where your visa will be processed. NVC will then notify your immigration attorney that the application has been received and will provide instructions for further steps and any requests for additional documentation.  

Once your attorney completes the steps and summits all required documents, the NVC will then forward your application package to the Embassy or Consulate in your home country. When your visa becomes available, the date and time of your interview and special instructions for your interview will be sent to you in the mail. This package will include instructions as to how to complete the required medical exam and a list of all documents you will need to bring to your interview. Read these instructions carefully to make sure that you are well prepared.

The Interview

The interview will be conducted at the American Consulate or Embassy in your home country. The purpose of the interview is to determine that you are indeed admissible to the United States. Generally, these interviews are quite short and the questions are limited in scope. However, you should be prepared to answer basic questions regarding your application and the investment you have made. As with all encounters with Consular Personal or Customs Officials, honesty is the only policy and you should answer all of their questions truthfully.  

Approval

Assuming no issues arise as to your admissibility to the United States, you will be given an immigrant visa with a duration of six months. This is a special visa that allows you to come to the United States with the intent of immigrating and becoming a Permanent Resident.

Once you have entered the United States and established residence, you will notify your immigration attorney of your new address. They will provide your address to USCIS and your Green Card will arrive in the mail.

Overall, consular processing is not a scary process. Your immigration attorney should be available at every step of the way to offer guidance. If you have questions about this process, don’t hesitate to contact Vaughan de Kirby for more information. 

Vaughan de Kirby
California Immigration Attorney

EB-5 Regional Center Program Ends 12/08/17

Congress has extended the current Regional Center program to December 8th, 2017, at which time it will sunset unless extended. We anticipate future legislation that will call for an increased investment amount and more stringent requirements. For this reason, we recommend to our clients that they take action under the current law if at all possible.

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