Questions & Answers

Does USCIS require interviews with EB-5 investors who adjust the status in the U.S.?

I would like to know if USCIS will require interviews with EB-5 investors whose I-526s are approved before issuing conditional green cards. If so, what questions could be asked? How should investors prepare?

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on January 29, 2020

  Not yet. EB-5 is left off the changes to require interviews for EB cases, for now at least.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on January 28, 2020

  Generally no, but they have the authority to request an interview and can do so on a case-by-case basis.

• Mark AM Catam, Esq

  Immigration Attorney

  Answered on January 28, 2020

  Yes, USCIS now routinely requests in-person interviews. However, I continue to see the adjustment of status approved without interviews. I generally advise clients to expect an interview.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on January 28, 2020

  All employment-based adjustment of status applicants have been subject to personal interviews since Oct. 1, 2017. You will be asked about your travel to the United States and your current nonimmigrant status. You also will be asked questions about your source of funds and your EB-5 investment, e.g., how much money did you invest, where is your investment project located, how many jobs will be created and when, etc. The USCIS officer will review your original personal documents and ask you a series of questions to determine your admissibility to the United States as an immigrant. For instance, have you ever been arrested, have you ever been deported, have you ever been involved in terrorism, have you ever lied to receive an immigration benefit. Since your I-526 petition will have been approved before then, the purpose of the interview is not to re-adjudicate the I-526 or for the interviewing officer to second guess or substitute his/her own judgment regarding your EB-5 investment. The real purpose of the interview is to make sure you are admissible to the United States as an immigrant.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on January 28, 2020

  While USCIS announced that it would interview all employment cases. In fact, they have not been interviewing EB-5 based adjustment cases.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on January 28, 2020

  Yes, the USCIS do conduct interview. With regard to the types of questions, be prepared to answer virtually all the questions related to the information in your petition.

• Lynne Feldman

  Immigration Attorney

  Answered on January 28, 2020

  Yes, there will be an interview and you should set up a preparation meeting with an attorney to get properly prepared.