I just finished consular processing and received my EB-5 visa to enter the country. However, it took over 4 years just for an interview to be scheduled, and some changes in my life have made it difficult for me to move to the U.S. immediately. My child is currently studying in the U.S., and I plan to visit them in March. This was my plan for months, so I applied for a B1/B2 visa several months ago, which was approved. After 4 years of waiting, I finally received my interview letter last month, and was approved for my EB-5 visa just this week.
As I’ve mentioned, I can’t move to the U.S. immediately, but I would still like to visit my child in March. Can I enter the U.S. on my B1/B2 visa instead and delay my initial EB-5 landing until I can wrap up my life here and move?
Answers
Lynne Feldman
EB-5 Immigration attorneysI would enter with your immigrant visa before it expires and while in the U.S. apply for a Reentry Permit if you expect extended time outside the U.S. You don’t want to start the immigrant process all over again and entering with the B-2 may be considered an abandonment of your permanent residency.
Tony W. Wong
EB-5 Immigration attorneysIf you are issued an immigrant visa under your approved I-526, you will normally need to enter the U.S. within 6 months. However, you can apply for extending it with the U.S. Consulate. Another option is you send a request to the U.S. Consulate to postpone your interview date.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysYou have till the end of the validity of your immigrant visa (which can be issued for up to 6 months) to arrive to the U.S. as an immigrant. If you want to wrap up your foreign affairs, you can enter the U.S., get a reentry permit for 2 years to preserve the residency, and then finalize your move to the U.S. during that period.
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