For consular processing as an EB-5 investor, what form are we supposed to file? Should it be the DS-230 application or the DS-260 application? What is the difference between the DS-230 and DS-260 application?
Answers
J Bruce Weinman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou file a DS-260 online.
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyThe DS-230 was the old, paper form used by the U.S. Department of State for immigrant visa applications. It has been replaced by the electronically-filed DS-260 form. However, there has been some discussion about how an EB-5 investor (with a potentially aging out child) might best comply with the Child Status Protect Act requirement that the applicant must seek to acquire lawful permanent resident status within one year of visa availability (i.e., the priority date becoming current) and thus "lock-in" the child's age as a dependent (under 21 years of age). One of the suggestions was to file a DS-230 form with the National Visa Center (NVC) because of the potential delays in receiving an IV fee bill and case number, which is required to file the online DS-260. On April 13, 2015, the Department of State Visa Office confirmed that submission of a DS-230 OR payment of the IV fee will meet the requirement regarding "seek to acquire."
Karen-Lee Pollak
Find an EB-5 Visa Lawyer: Immigration AttorneyThe forms are identical except the DS-230 is mailed in whereas the DS-260 is submitted online. Which one you file depends on your country of citizenship.
Oliver Huiyue Qiu
Find an EB-5 Visa Lawyer: Immigration AttorneyOnly DS-260 is required at this time. It is intended to phase out Form DS-230 as its replacement. DS-260 is commonly filed online via the U.S. State Department's online portal.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyAll of the consulates are now using the DS-260, to the best of my knowledge; the previous form for immigrants was the DS-230.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyThe 260 is the appropriate form, but filling it out properly is only one part of the process. There are still supporting documents and interview preparation that will be needed. Please consult with an immigration attorney to assist you with the entire visa application process.
Jinhee Wilde
Find an EB-5 Visa Lawyer: Immigration AttorneyDS-230 was the Immigrant Visa application, which has been replaced by DS-260. If you are going through the consular processing now after the recent I-526 approval, then you need to file the DS-260.
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