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How does timing affect an I-526 petition?

With so much of a backlog and waiting period for I-526 petitions, is it the right time to invest in EB-5? Are there any reasons to believe that these issues will improve?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You should discuss the timing issues unique to your situation with a qualified EB-5 immigration attorney. Recently, USCIS has decreased processing times for I-526 petitions from 21 months to nine months on average. We have cases where processing of I-526s has been as short as two months, but some cases take longer.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Each person must assess their own situation regarding processing times and options for U.S. immigration benefits. Processing times always are subject to change, but the times are published and made public every two weeks, so everyone is on notice. USCIS has specific goals for processing times, but it is unclear if they are willing to commit sufficient resources to meet those goals.

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    Ying Lu

    Immigration Attorney
    Answered on

    With the changing landscaping of EB-5, I would always recommend any potential investor act now.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS has stated in two recent stakeholder meetings that processing times are to be improved. Either way, filing the I-526 petition as soon as you are ready to do so can be a good strategy as you will be in the queue for processing, rather than having your file just sitting around.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The filing of the I-526 petition is the first step in obtaining the conditional permanent residency. Your I-526 petition has to be approved first before you can apply for the conditional permanent residency either at the U.S. Consulate processing or adjustment in the U.S.

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    Kyle Barella

    Immigration Attorney
    Answered on

    It is a great time to make an EB-5 investment. I-526 adjudication times have already started to decrease. USCIS also recently began recruiting new EB-5 adjudicators to speed up processing times. Do not be discouraged by what you read online, please speak to a qualified immigration attorney for additional information.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It is out of our control at the moment. At least by filing you get a place in line in case the quota is reached.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The waiting period for an I-526 petition applies to all EB-5 applicants. There is hardly anything any applicant can do. Therefore, it is highly advisable that you should not let that discourages you from seeking an EB-5 visa.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    USCIS has made great stride in shortening the backlog time for I-526 adjudication from 19 months few months ago to about 10-12 months. Of course, some cases may take longer than others. The timing of any application is to apply as soon as possible so that you are in the cue for adjudication as USCIS usually will review applications in the order they are received.

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    Rohit Kapuria

    Immigration Attorney
    Answered on

    USCIS has noted that processing times are a concern and the agency is working to address the issue. It has centralized its EB-5 office in Washington D.C. and has slowly been increasing the size of its team of adjudicators. We have seen some indication of faster processing times, but there is no guarantee that when you file, your application will not be backlogged. What does appear to be case, at least at the moment, is that direct EB-5 cases are getting processed faster than regional center cases.

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