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What visitor visa would I apply for before the EB-5 visa to go to a U.S. territory?

Would it be faster to acquire an EB-5 visa by first applying for a U.S. visitor visa to Guam, for example, instead of mainland America? What visitor visa would I apply for before the EB-5 visa to go to a U.S. territory?

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    Elana Laverty

    Immigration Attorney
    Answered on

    It would not make the EB-5 adjudicating process any faster by applying for a visitor''s visa. The current and average processing time for I-526 petitions (as of today) is close to 14 months. A visitor visa only allows you to visit for business/pleasure on a temporary basis and does not affect the I-526 petition.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You will need to retain the services of an experienced EB-5 immigration attorney. By obtaining a visitor''s visa first, you will be able to enter the United States and review your EB-5 regional center options. In fact, you may not need a U.S. visitor''s visa to travel to Guam, but it advisable to do so.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    By applying for a visitor visa B-1/B-2 (whether to Guam or mainland United States) you must maintain a nonimmigrant intent to visit the United States temporarily and show ties to your home country. Because current processing times for I-526 petitions are in excess of 13 months, it is very unlikely you will be able to maintain an underlying nonimmigrant status or extend in the United States after having filed an immigrant I-526 petition. You may want to file an I-526 and then consular process upon approval to receive your immigrant visa and immigrate to the United States as a conditional permanent resident. Please consult an experienced EB-5 immigration attorney.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You will have to consider maintaining nonimmigrant intent when traveling to the United States during the EB-5 process. An immigration attorney would review your proposed travel plans and U.S. immigration goals.

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    John J Downey

    Immigration Attorney
    Answered on

    No, it would not make it any faster to have a B-1/B-2 visa.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The two visas are in conflict, as a visitor must show intent to return, and the I-526 shows an intent to immigrate.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Since the I-526 petition takes 13+ months for adjudication, it is highly unlikely that your visitor status, whether to Guam or elsewhere in United States, will allow you to stay until your EB-5 process is completed. Also, as you are intending to immigrate and become a permanent resident through EB-5, obtaining a non-immigrant visa, such as visitor visa, may not be a good idea as you will be hiding or lying about your actual immigrant intent in order to get the NIV. Thus, I would suggest that you start the EB-5 process and wait until you could receive the immigrant visa approval after the I-526 gets approved before entering the United States.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    B-1/B-2 nonimmigrant visa for visiting the United States either on business or pleasure would work here.

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