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Is 5 months enough time to prepare and file an EB-5 application?

I just heard that the EB-5 program will be extended to September 30, 2017. I wanted to know if 5 months is enough time to prepare and file an application. I just found out about the program, so I do not know much about the requirements or timelines. I am a Ph.D. student living in the United States with an F-1 visa and having a green card would help me achieve my career goals. My parents can sell their real estate for $500,000. They can provide the real estate ownership certificate. Also, the buyer has agreed to do any paperwork to prove the transaction is recognized by the law and bank, and that the $500,000 comes from the transaction.

Answers

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    Answered on

    5 months is usually enough time, depending on the circumstances of the case. It can even be done in less time with a good team effort from both the attorney and investor.

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    It is true that the EB-5 Regional Center program has been reauthorized through September 30, but legislation making significant changes in the EB-5 Regional Center Program could be passed prior to September 30 within 30-60 days. The key parties, principally U.S. Senators Chuck Grassley and John Cornyn, are trying to work out their differences. Remember, the key is filing your EB-5 Investor Petition on Form I-526 soon enough that you are still eligible to qualify based upon a $500,000 investment. Once you file, it may take the U.S. Citizenship and Immigration Services a year, more or less, before they adjudicate your petition and you become eligible to apply for Adjustment of Status to become a conditional Lawful Permanent Resident within the United States, again assuming that visa numbers are available under the quota.

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    Your investment immigration attorney will be able to work with you on your EB-5 application. Filing your application is not the time-consuming aspect of EB-5, but rather the identification and securing of the necessary documentation that takes a substantial amount of time. The sooner you meet with your EB-5 attorney, the sooner your EB-5 application can be filed with USCIS.

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    It can be done in that time if you are motivated.

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    Generally speaking, 5 months should be sufficient to prepare an I-526 petition if you act immediately and cooperate closely with your immigration attorney. For investors originally from countries with foreign currency control (such as mainland China), it will take some time to transfer the money out of China. How fast you can file the I-526 petition depends on how easy you can provide the evidence to prove your legal source of funds and if you can complete the due diligence on an EB-5 project in a timely manner.

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    5 months is usually more than enough to prepare an EB-5 petition. Once you have the property sale documents and have picked a project, it should only take a couple of weeks to prepare an application.

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    5 months is definitely enough time to prepare and file the I-526 immigrant petition for EB-5. As you are getting the money from your parents, you should gather their financial information such as tax returns, salary/income information and bank records to show how they have acquired the real estate they are selling as well as the funds they are gifting to you.

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    Yes, indeed there is enough time to prepare and file an EB-5 petition with the USCIS between now and the deadline of September 30, 2017. Advisably, consult an EB-5 attorney for guidance.

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    It should be enough time to prepare and file the I-526 petition. You should engage the legal services of an experienced EB-5 immigration attorney who will advise you regarding the source of funds documents needed in your case and who will prepare and file your case with the USCIS.

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    If you are investing in an established Regional Center, the center should have most of the documents you need already prepared. Your lawyer will assist you in gathering the personal documents you will need to add to your case. We usually do all this in one week or less. It should not take 5 months!

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    We can ordinarily prepare a case in a few days when we have the documents necessary. You need to have an experienced attorney guide you through the process from the source of funds stage to the preparation and filing of the petition.

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    5 months should be enough time to file the case if your source of funds shows sales proceeds of the property. The time it will take to get a green card depends on where you were born. Your parents also need to explain how they purchased the property.

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    That should be plenty of time if you have most of the documents and financing in order. I would advise you to meet with an immigration attorney immediately so that you can go over what is needed to initiate the process.

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    Five months could be enough time. However, the requirement for a successful EB-5 application is to create 10 new, full-time jobs, not just to buy real estate.

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