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Why might an EB-5 application be returned from the NVC to USCIS?

In Dec. 2012, I applied for my I-526, which was approved after I left the United States (because the OPT I was on expired). I started the DS-260 application after my I-824 got approved. I am back in the United States with a B-1 visa right now. However, I just received notice that my EB-5 case was returned from NVC to USCIS without any reason. Could the B-1 visa be causing a problem? What usually causes an EB-5 application to be returned from the NVC to USCIS?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    While the narration of your story appears succinct, there are a number of additional details that you need to provide. I urge you to do that with proper consultations with an EB-5 immigration attorney because you seem to be offering stories on two different visa processing procedures: on one hand, a consular-processing through the U.S. embassy overseas and on the other hand, a situation for adjustment of visa within the United States. The B-1 visa has nothing to do with the problem. Thus, advisably see and discuss all your issues with an immigration attorney who can help you separate realities of this story from various presumptive conclusions. This should help clear things up and enhance your chance of securing an EB-5 visa.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    An immigrant petition is returned to USCIS when there is no activity on the case for over one year. You needed to pay the NVC immigrant processing fee and follow the NVC's instructions. If you do not follow their instructions and do not communicate with them, they might consider your petition abandoned and return it to USCIS. Also, an immigrant petition might be returned to USCIS at its request for review and possible revocation based upon derogatory information received by USCIS.

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    Ed Beshara

    Immigration Attorney
    Answered on

    An experienced EB-5 immigration attorney will assist you in processing your application for permanent residency. If you legally entered the United States and are in legal status, you can adjust your status in the United States.

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    Since you are inside the United States currently under a B-1 visa, you could file an adjustment of status (Form I-485) directly with USCIS, and therefore forgo consular processing. If you intend to depart the United States and continue the consular processing, it does not make sense for the return of the petition to USCIS without even affording you an interview at the consulate. There are gaps among the circumstances you described, please follow up with the law firm that handles your case closely.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If it has been more than a year since NVC has the case and they have not heard from you they will return it, or if they are requesting revocation at the request of the consulate. With the I-526 approval you can file to adjust in any case.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is not possible to determine yet, but you should reach out to NVC and ask why. It could be that USCIS has recalled the petition, or the petition had a defect and was returned. Not clear until you call NVC.

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    Robert Baizer

    Immigration Attorney
    Answered on

    If the NVC returns a case to the USCIS, it could be for a lot of different reasons; no one can say without knowing more. A "freedom of information act request" to the USCIS might turn up the reason for the return. Since you are now here in the United States, it might be possible for you to apply for a change to resident status without having to deal with the NVC at all. I think your situation calls for qualified legal representation.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Please note that when you obtain a non-immigrant visa, such as B-1/B-2, you are attesting that you do not have an immigrant visa intent. If you have obtained the B-1 while the I-526 was pending or after its approval, then there may be an issue of providing false information or misrepresentation on your most recent non-immigrant application. However, there also is a chance that your file was returned to USCIS for some other reason, so you should have your attorney contact NVC to find out why they sent the file back. It is very important to consult with your attorney before making any move (taking any action) so that he/she could guide you so that you do not inadvertently violate any provisions.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may have gone too long without taking action with the NVC. Consult with an immigration attorney for your available options.

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