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What documents can be submitted after filing the I-526?

We will be submitting our I-526 petition to USCIS. Currently there are some documents that we are having trouble retrieving to include in the application. Is there a way to submit additional documents after sending an I-526 petition to USCIS to avoid a possible RFE? Would submitting the documents later cause a delay in our EB-5 application processing?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    You can make a choice to wait to collect the extra documentation before you file the I-526 petition, or file the I-526 petition now and expect an RFE. Please note that with either alternative a time delay will occur.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS requires all relevant investment and project documentation to be submitted together. Not doing so would result in an RFE or denial. We recommend that you submit a full and complete package to USCIS.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is highly recommended that you are qualified at the time of filing of your I-526. Your attorney should be able to tell you that. If you are missing critical documents, you will most likely receive an RFE (Request for Evidence) which will further delay the processing of your case beyond the average processing times taking longer than a year. The best practice is to submit all applicable evidence at the time of filing. You may try interfiling missing documents in the pending I-526 case, but there is no guarantee this will actually take place and you will not receive an RFE.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It is not a sure thing that documents filed late will be matched to the original filing - you can try.

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    John J Downey

    Immigration Attorney
    Answered on

    You can try, but from experience you will probably be issued an RFE requesting the missing documents - but it is worth a try sending it in.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You must meet eligibility at the time of filing. If you meet eligibility, and the documents merely clarify, that is acceptable. You can also try interfiling, although that has limited success.

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    Jeff Khurgel

    Immigration Attorney
    Answered on

    Naturally, it is preferred to have the complete application ready for filing when the initial application is filed. If this is not possible, yes, it is possible to submit documentation after receiving the Receipt Notice, but before receiving an RFE. This course of action may cause a delay in the case.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    While it is best to submit the complete supporting documents along with the petition, sometimes it is necessary to submit a supplemental filing after the I-526. However, you run a risk of these additional documents not being properly filed with your other documents or being lost, as USCIS reported that it has received over 12,000 applications. Also, depending on how little documents were submitted with your petition, you also run a risk of the case being denied as being so incomplete as not to even bother with issuing an RFE. Finally, there is nothing we can do to prevent an issue of an RFE even if we think that we have provided all of the documents.

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