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Questions & Answers

When are EB-5 investors and their family interviewed by USCIS?

At what stages in the EB-5 immigration process will me and my family have to be interviewed by USCIS? Do we all get interviewed when I submit the I-526, and then during the consular processing, and then when I submit the I-829? Or would I just be the one who has to go to the interviews since I am the main investor?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    The personal interviews occur at the U.S. consulate interview for obtaining conditional permanent residency. This step occurs after the I-526 petition is approved.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    After the I-526 is approved, you submit your application for conditional permanent residency with the National Visa Center, who forwards that application to the appropriate U.S. consulate, who schedules your interview. All derivative beneficiaries (spouse, children) will attend the interview as well. That is the only time an interview is required.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    I-526 and I-829 cases do not generally get interviewed.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You will be interviewed by the consulate officer during the consular processing time. The officer will normally interview you, as the principal investor/petitioner not the family, although they would like to see all the family members there together at the interview. USCIS normally does not interview the investor at any stage, but will take the biometrics of the whole family at the I-829 stage.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you are consular processing at a U.S. embassy or consulate abroad, your immigrant visa interview will take place after the I-526 petition is approved and after the National Visa Center (NVC) completes its processing of your case file, receives the immigrant visa application fees, and reviews your (and any dependents') civil documents. All immigrant visa applicants (you and any dependents) will have to personally attend the immigrant visa interview. Typically, no personal interview is required if you adjust status in the United States, and no interview is required for the I-829 petition adjudication. All the review and correspondence is done by mail between USCIS and the applicant or his or her attorney. If there are any eligibility issues, such as arrests or immigration violations, an interview usually is required.

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    John J Downey

    Immigration Attorney
    Answered on

    When you receive your approval of your I-526, it will be sent to the U.S. consulate of your home country. When a visa number becomes available they will send you an appointment for your interview. All applicants will be interviewed except children under 14.

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    Ian E Scott

    Immigration Attorney
    Answered on

    If you are applying for an EB-5 visa from outside the country, then you and your family will attend an interview after the I-526 has been approved and you will do this at the consulate in your home country. If you are in the United States and you adjust status after the I-526 has been approved, then you normally do not attend an interview, but USCIS could request one if they want.

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