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How long should I wait to obtain information about my EB-5 case from the NVC?

After waiting for administrative processing for more than four months, my case was returned to the NVC. It has now been five months since I have heard anything from the NVC. What could be causing this delay? I invested my $500,000 more than two years ago, and now I have no visa, and my money has all been paid into the EB-5 project. How long should I wait to obtain information from the NVC? What can my attorney do at this stage?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is not clear from your inquiry why the case was returned by the consulate to NVC. It may be because your immigrant visa application could not be granted. The attorney who assisted you with your I-526 petition filing should be able to call or contact NVC via a special e-mail for attorneys to inquire about your case.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Your attorney could make inquiries to the NVC as to the status of your invoice. The money''s use by the EB-5 project should not affect your processing, but check on your job creation timelines.

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    Ying Lu

    Immigration Attorney
    Answered on

    I will suggest you follow up with your own attorney for any update on this case as he/she has specific knowledge about your case. Your attorney can either write or call NVC about the case.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You or your attorney should inquire with the NVC. There are phone numbers and a special email address for such inquiries. If your case was returned to the NVC from a U.S. embassy or consulate after the immigrant visa interview and administrative processing, it could be that the consular officer recommended a revocation of the petition. Only the USCIS can revoke an immigrant petition, and they have to give you the opportunity to respond to any derogatory information. In other words, they cannot just revoke your petition without giving you a chance to respond. These cases can take a long time to process. If, on the other hand, the case was returned to the NVC for some purpose other than a revocation recommendation, then the NVC should tell you what the reason is when you inquire about your case.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    NVC just logs the case in and returns it to USCIS. Consular returns can easily take a year. You can call to see if your case has been received or is still at the consulate.

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    It seems your visa application was returned by the consulate in your home country to the National Visa Center (NVC), possibly for revocation. For an EB-5 matter, this is extremely rare. When it happens, usually it means the consulate found evidence of fraud or misrepresentation. Your question did not say what types of questions you were asked during the consulate visa interview and why it was returned to NVC. Normally the consulate would give you a written notice on the reasons of returning to NVC. If indeed it is for revocation, NVC will return the file back to the USCIS California Service Center for revocation.

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    Teodora Purcell

    Immigration Attorney
    Answered on

    Your attorney can submit an inquiry through the attorney inquiry e-mail system to the NVC or through an AILA DOS liaison. Depending on the issue, sometimes DOS Legal Net might be able to provide assistance, as well. Good luck!

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    This will depend on why your case was returned to NVC. Normally, if the case is returned to NVC from the consulate post, it is because your immigration visa application cannot be approved. Your immigration attorney who has helped you with your case should make the attorney inquiry and find this information for you.

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    Wilka Toppins

    Immigration Attorney
    Answered on

    Sometimes we experience long delays with NVC on an EB-5 cases. In one of my cases - NVC "lost" the file, which was absolutely horrible. We finally solved it, but it took us an additional four months. I suggest that you or your attorney continue to inquire by telephone and/or email inquiries to the designated "attorney only" email provided by NVC to attorneys for use in these situations. If the email is used - only your attorney can use it. I suggest that the inquiry be done quite frequently. In my case - we were calling and/or emailing at least twice a week. Another idea may be for your attorney to consider drafting a memo to NVC explaining the case and send it to NVC via FAX and email. Often, this helps to move things along with NVC. Unfortunately, things sometimes don not go smoothly at the NVC. Please continue the inquiry by calling and writing and do it often. Good luck in your case.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. When the consulate discovers some information that makes you ineligible for the visa classification you are requesting (at least, in their opinion), they return the petition back to the immigration service with a recommendation for revocation. Even though the files does pass through the National Visa Center, it eventually goes to USCIS. USCIS is supposed to send you a notice of intent to revoke the approved petition and give you a chance to respond. Unfortunately, this process takes many months and, sometimes, even years. In certain instances, you can go to federal court to compel action, but you need to discuss this with your attorney. Good luck.

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    John J Downey

    Immigration Attorney
    Answered on

    I would have your attorney contact the U.S. Congressman''s office who represents the area where your investment was placed.

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    Denyse Sabagh

    Immigration Attorney
    Answered on

    You can contact the NVC and ask them if they have the case and the status.

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