+1-800-997-1228
Questions & Answers

How long before I can move to USA?

I am interested in the EB5 visa for my family. I have many business obligations and do not have much time to spend on the visa application. I am speaking with many US lawyers to choose one for the process. How long does it take to file the I-526 form and how long until it gets approved. An estimate even. How long until I can move to USA?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    The average time for I-526 petition adjudication is approximately between 12-18 months. After an approval, you and your family will go through consulate processing, which may take a few more months.

  • Avatar

    Anthony Korda

    Immigration Attorney
    Answered on

    Currently, USCIS have posted processing times of 14.7 months, although petitions may be processed more quickly. The visa process can add several months to the process. While the EB-5 program is very successful, current processing times mean that it is not necessarily quick. It may be prudent to apply for and enter the US with another (non-immigrant visa) file an EB-5 investor petition once lawfully in the US and then apply to adjust status when the petition is approved. Although Direct EB-5 may be better suited to this process, it may also work with a Regional Center application. You should contact an experienced EB-5 Attorney to discuss the particulars of your case.

  • Avatar

    Shahzad Q Qadri

    RC Creator
    Answered on

    The preparation of your application can take a few weeks at a minimum provided you have all the documents that are needed. Applications are taking anywhere between 12-18 months currently to get approved.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Currently, I-526 petitions are processed within about 15 months if you invest through a regional center. Direct I-526s are processed within shorter time frames. Upon approval of your I-526 petition you will need to go through a second step known as consular processing to obtain your immigrant visa and enter the US as a conditional (2-year) permanent resident. Please do not hesitate to contact our office should you have any questions.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Processing time is hard to predict. There are no guarantees. If you look at the latest processing time report for I-526 petitions from the California Service Center, it shows over year of processing. This does not include the time for immigrant visa processing (assuming your I-526 is approved) through the National Visa Center and the U.S. embassy or consulate in your home country. This could add several more months. So, at the present time, the EB-5 process is a lengthy one. USCIS has committed to reducing processing times and their goals are reasonable. Whether they can deliver on their promises and reach those processing time goals remains to be seen.

  • Avatar

    Marc Yelnick

    Immigration Attorney
    Answered on

    There are many variables. One year might be a reasonable general estimate.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Depends somewhat on whether you are filing for a stand-alone EB-5 project or a Regional Center but best case scenario now is about 10-12 months.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    Our law firm has been representing clients in the EB-5 process for over 20 years and continually keeps up to date on the rules and new policies of the U.S.immigration service. In order for you to obtain an EB-5 immigrant visa to enter the U.S. to live and work here as soon as possible you will need the services of an experienced EB- attorney. The preparation of the I-526 petition will take a few weeks to file with the USCIS and several months for an approval. Once the I-526 is approved then you will have to be interviewed at the U.S.consulate to obtain your conditional permanent residency, this process may take a couple of months.

  • Avatar

    Philip H Teplen

    Immigration Attorney
    Answered on

    Each application is different. I need to know more about you and the investment target (ie: entrepreneurial or Regional center).

  • Avatar

    Rebecca White

    Immigration Attorney
    Answered on

    The answer to your question is going to depend upon what sort of investment you are looking at - a regional center or an individual investment option. It will also depend upon whether an employment based visa was available to you during the time the EB-5 was pending. As a very general answer, you would want to figure around a year or more before you moved.

  • Avatar

    Rachel Lew

    Immigration Attorney
    Answered on

    On average, it takes eight months or longer to get I-526 petition approval from the time of submission to the USCIS. It will then be followed by immigrant visa application, which takes another few months depending on the processing time at the U.S. Consulate in your country. By the time you arrive to U.S., it will be at least one year from the time you submit I-526 petition.

  • Avatar

    Rohit Kapuria

    Immigration Attorney
    Answered on

    The answer depends on the type of EB-5 project you choose. If you choose to file an I-526 application for a regional center based project, expect to see roughly 13-15 months for I-526 processing (unless of course the initial investor''s I-526 has been approved for the project and therefore the following reviews related to other investors go through faster). If you file an I-526 associated with a direct EB-5 project, then processing times are shorterroughly 4-8 months. Of course the noted figures do not account for any possible RFEs that may be associated either with your source and path of funds or with the project or even with both. Once the I-526 is approved, you have to expect at least another 4-6 months of consular processing time to get your actual visa. Therefore, your projected time frame prior to moving to the US would be consular processing time + either choice between the two EB-5 routes (and possibly any RFE related delays). Remember, with regards to the regional center based application, the time frame for your I-526 could be shortened if CIS has approved the project and is more concerned with your source and path of funds. Last, do not pick an EB-5 process without considering your related duties. If you choose a direct EB-5 project, you will have to be a hands on investor. If you choose a regional center based project, you can be a passive investor. Choose carefully.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Processing times may vary, but it may take more than 12 months for the processing of an I-526 Petition, once filed, and additional months for the non-immigrant visa processing. This doesn''t even take into account the time spent in preparing an approvable petition. However, if you are in the U.S. first with certain non-immigrant visas (like an E-2 or F-1) you can adjust to permanent resident status once the I-526 is approved. Fortunately, you are early in the process of planning, which is why we recommend retaining experienced U.S. Immigration counsel to assist and represent you.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    The time for the preparation of the I-526 petition varies from one month to six months or even longer. It depends on how complicated your source of funds is and how soon you can decide which project to invest. The I-526 processing time on the USCIS side can take any where from five months to twelve months. After your I-526 is approved, you need to file either the I-485 form if you are in the U.S., or DS-230 if you are outside of U.S. Only upon the obtainment of the approval of your I-485 or a visa through consular processing (interview), you can receive your conditional green card. This part may take 4-8 months.

  • Avatar

    Katie D T Sanders

    Immigration Attorney
    Answered on

    The process to get a visa to come to the U.S. on an EB-5 visa is a two step process. First the form I-526 petition has to be filed. It could take approximately one year or longer for the I-526 to be adjudicated and approved. Once that petition is approved by USCIS then the case is transferred to the U.S. Department of State to begin the process for the visa application at the U.S. consulate in the country where you live. That process could take another 4 months.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    Many attorneys work differently, but from the time you get me all the documents we need to prove your Source of Funds, our office have been known to file the I-526 petition within 1-2 weeks. How quickly we file depends on how quickly you get the documents. Since USCIS is taking more than 15 months on average to process I-526 and at least 4 months to get an interview with the US Embassy, it could be about 2 years before you could enter U.S. with Eb-5 visa.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    If you invest in a regional center, we can prepare the EB-5 application in a few days. It is taking the Immigration Service from 3-9 months to approve most applications. Add to that 3 months at the Dept. of State and a few more months until the US consulate calls you in to issue the immigrant visa. 1 year total time would be fast.

  • Avatar

    Charles H Kuck

    Immigration Attorney
    Answered on

    12 to 15 months. Maybe a little less if you are lucky.

  • Avatar

    Karen Weinstock

    Immigration Attorney
    Answered on

    At current processing times it would be about 1 year or a bit more because USCIS takes 9+ months plus time for consular processing. There may be temporary visa options you may want to explore with your lawyer. Just pick a good one.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    About a year.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.