The U.S. Citizenship and Immigration Services (USCIS) has issued a memorandum suspending all immigration applications from 19 “high-risk” countries. This suspension impacts I-485 petitions related to the EB-5 application process, as they qualify as “pending and approved benefit requests.”
This month, nationals of these countries with pending I-485 petitions who are already in the country will face increased scrutiny and a more rigorous vetting process.
Additionally, EB-5 investors with an approved I-485 petition who entered the country on or after January 20, 2021, will experience a hold on their applications until the agency conducts a comprehensive review and a more thorough vetting.
As a result, EB-5 investors from these 19 nations with pending or approved I-485s should prepare for mandatory interviews to assess national security and public safety risks. USCIS said it will review each case individually.
What countries are involved, and what caused the suspension?
The affected countries are Afghanistan, Burma, Burundi, Chad, the Republic of the Congo, Cuba, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela, and Yemen. They are already subject to a travel ban to the U.S. since June.
This suspension of immigration procedures for these nations reflects a broader focus on national security following the recent shooting of two National Guard members in D.C. by an Afghan national granted asylum after Trump’s second term began.
USCIS initially announced these changes in a policy alert on Nov. 27, followed by a policy memorandum on Dec. 2 regarding the holding and review of their cases.
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