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What should be the gap between EB-5 I-526 approval and the DS-260 process?

I am interested in pursuing an EB-5 visa and will do so from out of the country. Given the priority processing for TEA projects and the lack of backlogs, it now looks like a good time to apply. Assuming I apply and my I-526 is approved in one year, when is the latest I can go for the DS-260 and other steps? I have existing commitments for the next 3 years and prefer to move after that. Are there viable options to do so or should it be immediate?

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    U.S. CIS will not likely approve your I-526 petition in one year. After U.S. CIS approves your I-526 petition, you can delay proceeding with the DS-260 and the immigrant visa process. You can proceed with the immigrant visa process after your commitments abroad are completed.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Completing the process within 3 years is optimistic - you can always delay to 4 years or more, but based on present processing times, 3 years would be an optimistic guess.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    You can pursue consular processing at a delayed pace as needed. If the primary goal is to obtain U.S. residency, it may make more sense to pursue consular processing after the I-526 petition is approved without delay and after receiving your immigrant visa (green card), apply for a reentry permit which will allow you to reside abroad for up to 2 years consecutively as a green card holder. You can apply for a reentry permit multiple times. If you are trying to delay the residency process for tax/financial reasons, you can take consular processing at a slower pace so long as you keep your NVC case active once a year.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It would be a miracle to see an I-526 approved in one year. Look at their current processing times. Once approved, we can gauge the consular processing time more accurately depending on what consulate is selected.