The consulate in India sent me a Section 221(g) refusal notice for my EB-5 application, asking me to submit passports and DS-260. However, two dependents are already in the U.S., maintaining legal status. USCIS approved the case after a second review. Dependents were under 21 during the initial filing. Is it safe to fly there and submit the passport or should I apply for change of status here? Will USCIS deny the petition if we do not send the passports of the dependents?
Answers
Barbara Suri
Find an EB-5 Visa Lawyer: Immigration AttorneyChange of status can only be done by an applicant who is present in the U.S., i.e., changing from one legal status to another. The DS-260 is an application whereby the applicant is outside of the U.S. and applies for an immigrant visa to enter the U.S. You are required to submit documentation to the entity that requested the documentation. If your derivatives are present in the U.S., they may file a change of status package, in which they include a copy of your approved immigrant visa.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIt would be best to include the children - AOS may be an option, but it is not the best option.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyBest if dependents can process at the consulate as well, especially if close to 21.
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