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What are the risks of entering the US from another country after getting EB-5 approval through consular processing in India?

We applied for EB-5 from India some years ago and in the meanwhile moved to Canada. I applied for and got Canada permanent residence and my dependent (aged out but CSPA protected) child is on a work permit. We got the visa approval via interview in India (flew back for the interview). We are back in Canada now and will be doing our landing in USA next month. Will there be a problem if we fly directly from Canada to USA though we got our visa through India consular processing? What kind of questions can we anticipate? Do we need any extra documents to avoid issues?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you designated a port of entry when applying, it is good to enter there. However, you also need to be aware that you cannot be a resident in two countries at the same time so having Canadian residency can present a challenge. You can often have two passports but being resident in two countries at the same time is a problem.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    You can fly from Canada to the United States and then present your U.S. immigrant visa to the CBP inspector at the U.S. airport.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as you enter before the immigrant visa expires, it does not matter where you enter from.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You should not have a problem entering the US from Canada assuming no inadmissibility issues. Make sure you get admitted to the US within the immigrant visa and medical validity period.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    No issue arriving from Canada - you do have to enter the U.S. before the expiration date on your immigrant visa stamp.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You can fly into the US from anywhere as long as your visa is valid. Note, you will likely clear customs in Canada so give yourself extra time on the CA side.

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    Micol Mion Gordon

    Immigration Attorney
    Answered on

    It does not matter whether you enter the US from Canada with your immigrant visa. The term "landing" is only used in Canadian immigration law. Once you enter CBP will probably take you into an office and make sure that all the data remains the same (the address where you want to receive your GC etc.) and will ask you whether you have been arrested lately. Then you will be admitted to the US and you will receive your GC in the mail within 2 weeks.

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    Carolina Kripinski

    Immigration Attorney
    Answered on

    You should not have any issue coming from Canada. Regarding the questions when arriving to the U.S., you should contact your immigration attorney to have a better perspective.