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How do I know for certain that my spouse and other derivatives have been added to my EB-5 application?

My lawyer mistakenly sent an old passport to the NVC to add my spouse to my application. Then, he sent the updated passports of both my spouse and child to the NVC. NVC has sent back a visa fee invoice that includes only my spouse. So, instead of including three people on my application, the NVC has only included two. Furthermore, I am not sure my spouse has been added to this case with her new or old passport documentation. How can I find out? All I have at my disposal are email communications. Also, I am still waiting for my child to be included. Any guidance you can provide would be much appreciated.

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You can contact the NVC to ensure the right information is included.

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    Ed Beshara

    Immigration Attorney
    Answered on

    We are sorry you are not receiving the proper advice and representation. Therefore, it is worthwhile for you to retain the services of an experienced EB-5 immigration attorney with the expertise to make sure the required information and documentation are being conveyed to the NVC.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    It is fine that the old passport was used first. If you have a visa fee bill for your spouse, this means the spouse is added to the case. To add a child, NVC must receive the birth certificate of the child. Your attorney can e-mail NVC with the documents and request to add a child. This usually does not take a long time. It is recommended that you pay all visa fee bills at the same time to move the case forward for all derivatives. You will then be able to file DS-260s online and submit all required civil documents to NVC for processing.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    The NVC will require birth certificates to add children as derivatives.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    It does not matter if your spouse was added with the old passport, as you will be submitting her passport again with other civil documents. As long as you have the visa fee bill, you may proceed. However, you should have your attorney email the NVC again with the birth certificate of your child and state they did not add the child. This should take only a few days. Pay only if you have all 3 visa fee bills so that all applications can move forward together.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    You should contact NVC and notify them that you are also including your child, which can be evidenced by the child''s birth certificate. Remember, a key party is at the American Consulate. The NVC just assures you are documentarily qualified, but the interview at the designated American Consulate is of the utmost importance. When you complete your application for your interview at the American Consulate, you can make sure your wife and daughter are both included.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    If your attorney has sent your child's passport and birth certificate to NVC, the child can be added. Although, it may take a couple months for NVC to successfully add a new derivative applicant. NVC is often slow with their responses.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    These issues are not difficult to resolve. Submit the birth certificate of your child and your marriage certificate, and they will add your derivatives. You can even call them, although writing is better.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Each applicant (including children included as derivative beneficiary) should be issued a Visa Fee invoice. You should check with your attorney to make sure the visa fee for your child has been paid and included. Regarding the old passport info, that should not be a problem. They can update that information at the visa interview if necessary.

  • Avatar

    Matthew T Galati

    Immigration Attorney
    Answered on

    Your lawyer should be able to get the NVC to issue new fee bills by sending the passport and evidence of qualifying relationship (for example, the child''s birth certificate). This is a routine occurrence.

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