I am a Chinese EB-5 investor with a priority date of on Dec. 25, 2015. Given the significant advance in Chart B last month, I prepared my I-485 documents and filed to USCIS. The new visa bulletin came out and the dates on Chart B remained the same, which means I am still not eligible for filing adjustment of status. Will USCIS return my application package soon, or will they keep the package until my date becomes current in Chart B?
Answers
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyI would expect a full return. While the Department of State will allow things to begin as the dates get closer, USCIS does not really do that.
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyYou should expect to receive the package returned to you in the next few weeks.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf your priority date is not current at the time you file, they will likely return it. There is some chance you might get lucky and Chart B remains open and actually advances in April but this is unlikely.
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyWhile the premature filing is not acceptable, typically the USCIS will reject and return the application back to the applicant.
Mark AM Catam, Esq
Find an EB-5 Visa Lawyer: Immigration AttorneyUSCIS will return/reject the package.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyThey will most likely return it.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyThey should reject it if doing their job properly.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyThey will return it.
Robert West
Find an EB-5 Visa Lawyer: Immigration AttorneyThey normally return the package.
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