How long does I-526 approval take after the project exemplar approval?

USCIS's policy on I-924 amendments and I-526s has been that I-526 petitions will be on hold subject to the I-924 approval. Either way, it is impossible to predict the actual processing time of a case. Please work with an immigration attorney to review your options and lawful U.S. immigration strategies.

It is difficult to estimate how soon individual I-526s can get approved after I-924 approval. Petitioners should not count on USCIS to make timely adjudications of I-526s. Instead, they should make plans to ensure that they are not violating their nonimmigrant status in the United States.

It is really hard to precisely predict how long your petition may take for a host of reasons. First, an I-526 petition may simply be under review as parts of its accompanying documents are being investigated. Secondly, there may be a situation where a Request for Further Evidence may be sent out, which will create more delay. With the possibility that a number of things can cause delay, it is not advisable to wait until your current visa lapses. Advisably make an alternative plan, preferably leaving to avoid being out of status, and seek a consultation with an attorney to review your situation as soon as possible.

There is no way to determine when your I-526 will be adjudicated. The most recent USCIS processing time report shows that the Investor Program Office is adjudicating I-526 petitions filed in November of 2014. Since your case has gone beyond the normal processing time, you or your attorney could email the IPO and ask for a status update. There is no way to be certain, however, when the I-526 will be adjudicated. If your current nonimmigrant status expires before the I-526 is approved, you will not be eligible for adjustment of status and you will have to leave the United States for immigrant visa processing in your home country. You could apply for an extension of your E-1 status if you are eligible.

How long it takes will depend upon a variety of factors including the number of trained examiners and the number of I-526 petitions filed over a period of time. Typically it is now taking closer to 14 months to get an approval even though you may have an exemplar approved. Obviously, you should file for an extension of your E-1 status and not allow it to expire, and without knowing more information, if you filed your I-526 petition 24 months ago, then your attorney should determine what has gone wrong as typically your I-526 petition should have been adjudicated by this time.

The I-526 petition should take only about 16.2 months and the exemplar approval may speed up your case. However, you will likely have to extend your E-1, or change to another visa category.

Since 24 months pending for your I-526 is about six months beyond the normal processing time, your lawyer should have requested the EB-5 adjudication division to expedite your case. Now, she/he should note that the exemplar has been approved. Normally, an E-1 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States as long as the requirements for E-1, such as continuing trade, continues.

Given the timing on your I-94, I suggest you seek immigration counsel immediately.

If the exemplar just got approved, the odds that you will receive an approval within a month are not good.