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How can the EB-5 interview location be changed?

My wife and I arrived in the United States in mid-April 2015 on a B1/B2 visa, and our I-94 lasts six months. Our I-526 was approved last year and we have been waiting for our EB-5 interview. USCIS just sent us a letter of notice for an interview at the U.S. consulate in our home country. My wife is pregnant and due in mid-August, so we want to either delay the interview or change the location from our U.S. consulate to the United States. How long can we delay the interview for? How do we change the EB-5 interview location to the United States?

Answers

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You can notify the consulate that you are in the United States and that you will seek adjustment of status. The consulate will cancel the immigrant visa interview and return the file to the NVC or to USCIS. Also, you can file the adjustment of status forms in the United States along with a copy of your I-526 approval notice, assuming that your priority date is current. You do not need to do anything else. It is likely that you will not have an adjustment of status interview in the United States and that your case will be processed through the mail.

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    Ed Beshara

    Immigration Attorney
    Answered on

    If you are the EB-5 investor, then you can keep the EB-5 interview at the U.S. consulate to obtain your conditional permanent residency visa. Your spouse who is pregnant can stay in the United States and apply for adjustment to conditional permanent residency.

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    Robert Baizer

    Immigration Attorney
    Answered on

    Your interview can be in the United States if you each file form I-485 with the USCIS. Your attorney should advise the consulate of the change in plans. He can discuss with you whether that is really the best option or not - since doing the interview at the consulate will surely result in a quicker final decision in your case. Congratulations on the baby!

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    John J Downey

    Immigration Attorney
    Answered on

    It is now in the hands of the U.S. Consulate in your home country. You should contact them as to any requested changes.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You may delay the interview date up to one year. Your attorney could write to the Consulate to postpone the interview date, citing the travel limitation due to the late term in her pregnancy. Since your I-526 was already approved and you must have filed the DS-260 when you entered the United States in April, you have attested to not doing the adjustment of status when you entered on the B1/B2 in April. Also, as you knew that your wife was five months pregnant at that time, telling USCIS that your circumstances were unforeseeably changed since the entrance as B1/B2 may appear to push the limits of credibility. Thus, I would advise you to postpone your interview date to coincide with your B1/B2 visa (six months) period so you could go back out with your wife and be interviewed for the immigrant visa. Your new child will have the U.S. citizenship as he/she was born here, which I assume was your intent, so you need not add that child to your immigrant visa application.

  • Avatar

    Louis M Piscopo

    Immigration Attorney
    Answered on

    Since you are legally in the United States pursuant to your visitor status, you can apply for adjustment of status in the United States instead of attending an immigrant visa interview at the consulate. If you want to merely reschedule your immigrant visa interview at the consulate you have to follow the instructions to do so for that particular consulate.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be able to email or call the consulate and explain your situation, allowing for a rescheduling, but there would be no guarantee for the date of the new appointment (it could be several more months). Reach out to them as soon as possible.

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