If the processing time for a re-entry permit is 16 months, how does the timeline work for an EB-5 conditional permanent resident? Is there a possibility of a re-entry permit being denied even after submitting biometrics? If I am called for biometrics, does that mean my re-entry permit has been approved and I will get it eventually, so I can leave the country and order it at my home embassy? What happens during the 16 month processing time? Am I supposed to visit or live in the USA?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyOnce you file the Reentry Permit and it is confirmed received by USCIS, you may leave the country and return for biometrics or wait in the U.S. until these are completed.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyTo be direct, this is a mess. You should try not to be out for more than 5 months and have the receipt to show proof of filing. Until approved, the issue is not adjudicated so you are advised to have evidence of your ties, including US tax returns, residence, etc., and make sure your reason to be out is legitimate and that you are not really living abroad.
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