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How does the NVC determine an EB-5 investor''s consulate?

My I-526 petition has been approved and I received a letter saying that the National Visa Center (NVC) will determine the ''right'' consulate for me. My country of temporary residence is different than when I submitted the petition. Will NVC pick a consulate for me without asking me about my preference? How does the NVC determine an EB-5 investor''s consulate?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Generally, you indicate in Form I-526 where consular processing will take place. Your attorney who filed your I-526 may request to change jurisdiction.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    When you submitted your I-526 petition with USCIS, you provided your address and nationality on the form. The National Visa Center will determine which U.S. Consulate has the jurisdiction over your case based upon the information you provided. If you want to change to another U.S. consulate, you need to contact the National Visa Center.

  • Avatar

    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    The immigration attorney who handled your I-526 should be able to give you the best answer to the question. Based upon the information presented here, it seems clearly cut. If you only have temporary residency in a country other than your country of nationality, the National Visa Center will transfer the immigrant visa to your country of nationality. For example, Part 6 of Form I-526 specifically asks for the Country of Nationality. You may wish to find out how that part was completed, which seems to have led to the NVC''s apparent confusion.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Part 6 on page 3 of the I-526 form determines where the NVC will send your file for consular processing. To request that USCIS notify a different consulate of the I-526 petition approval, you will have to file Form I-824. You can try to contact the NVC and inform them of your new country of residence and request that they process your case through the U.S. embassy or consulate in that country, but most likely, you will have to file the I-824.

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    Robert Baizer

    Immigration Attorney
    Answered on

    Hi. Yes, the NVC will determine the consulate from your I-526. You can tell from the case number that they assign to it which consulate that is. You can request that they transfer it to another consulate. You should provide to them, with the request, proof that you are able to legally stay in the country where you are requesting that they transfer it. The NVC will check with the new consulate, to see if they will agree to accept jurisdiction over your application.

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    Michael E Piston

    Immigration Attorney
    Answered on

    It would be the consulate with jurisdiction over your last place of residence outside the United States.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    Usually the consulate is chosen based on the address provided on the I-526 form. If you want a different consulate chosen you can call the NVC and explain that you are now living elsewhere. The number should be on the letter provided to you.

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    Anthony Ravani

    Immigration Attorney
    Answered on

    NVC assigns the U.S. consulate based on the country of chargeability. That means first priority is the country of your nationality. However, once the U.S. consulate is determined, your attorney can ask to change venue. That means your lawyer can ask NVC to change the U.S. consulate.

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    Anthony Korda

    Immigration Attorney
    Answered on

    Generally, the NVC will assign a consular post in the applicant''s country of origin. However, if the applicant lawfully resides elsewhere, the NVC will assign a consular post in the country of residence. As your country of residence has changed since you filed your petition, the NVC should be notified of the change and will require evidence of residence, such as a visa, identity document, or some other similar proof.

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    Marjan Kasra

    Immigration Attorney
    Answered on

    The "right consulate" is generally the U.S. consulate in your home country; unless you are from Iran (with no home U.S. consulate), you will be referred to the U.S. consulate of your home country.

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    Louis M Piscopo

    Immigration Attorney
    Answered on

    Generally the U.S. consulate in the country of nationality indicated in Part 6 of the petition is the one it will be assigned. If you indicated a different country of residence and provided proof, then they would generally send it to the consulate in that country.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Usually, the consulate where you will be interviewed is where you reside permanently. Thus, if an Indian National is working and living in Singapore on a long-term/permanent residency, they will be interviewed in Singapore.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    This was indicated on the I-526 and cover letter. If you want to change consulates, the new consulate would have to accept your case. You can request this through NVC.

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    Stephen Berman

    Immigration Attorney
    Answered on

    They will send it to the place where you are residing as shown on your DS-260.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The NVC should use the consulate based on your home country that you named on the I-526 petition. With the assistance of an immigration attorney, you should be able to contact the NVC if you have other preferences.

  • Avatar

    Sufen Hilf

    Immigration Attorney
    Answered on

    The NVC will pick up a consulate where your last legal residence was. That address should have been shown on the Form I-526. If this is not your home country, please be prepared to show the document proving your legal residence in that country.

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