What is the approach of USCIS towards EB-5 dependents who are studying in their home countries? - EB5Investors.com

What is the approach of USCIS towards EB-5 dependents who are studying in their home countries?

I am a listed dependent on an EB-5 visa my parents had applied for nearly 8 years ago (currently still waiting on the medical and interview at the consulate due to the backlog issues.) As the application is taking so long, I had to start my studies in our home country (UK). My studies are expected to last another 4-5 years as a part time student and I am unsure if it is worth working on them as I understand that I would need to reside in the US once our application is accepted as part of the conditional green card requirements. I have been researching re-entry permits to assist, but they do not seem to last quite long enough to allow me to finish my studies. I do have every intention of moving to the US, but I do need the extended timeframe to complete my degree before doing so, as a self-funded part time student. How favorably does USCIS look at situations like these? I would not be in this position if the application was not so unduly delayed as I could have studied in the US. Do I have a case here, or any steps I can take? Is it worth continuing with my enrolment in the UK?

Answers

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Reentry permits may be renewed indefinitely, especially in situations like yours where there is an end in sight and intent to move to the U.S. when your studies are done.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The U.S. is very generous with students seeking to complete their studies abroad. You are advised to enter the US as soon as possible and then can file for two two-year re-entry permits back to back. Logistically it is complex but viable.

Stephen Berman

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If you cannot come back to the U.S. once every two years to renew your reentry permit, then you should not bother to get the conditional immigrant visa.

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