I filed a I-130 with consular processing option for my parent in Jan. 2022. In November, we filed the EB-5 I-485 while my parent was in the U.S. (switched from consular processing to adjustment of status). At the end of November, we received the I-130 approval. On Dec. 1, USCIS sent I-130 to NVC and the case was closed. We received two emails from NVC (Dec. 2 and Dec. 16), asking for us to submit the documents and pay the fee. I tried reaching out to USCIS multiple times, but they keep asking us to contact NVC and have them transfer the I-130 back to USCIS. We already submitted a public inquiry to NVC back in December to request transfer, but no response yet. How should we proceed?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you filed an EB-5 based adjustment for your parents then you do not need to bother with the I-130 family petition. It is unusual to file an EB-5 petition and make such a large investment when you already filed a family petition—assuming you are a US citizen.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyFirst, if your parent entered on a tourist visa with an immigrant petition on file, this could present a visa fraud issue. Here you indicate you filed an I-130 family petition, so you must be a US citizen, for your parents. Then you filed an EB-5, or I-526 investor petition in November 2022 after they entered. That would have to be based on an $800,000 investment they made, or $1,050,000 if not in a rural, high unemployment or infrastructure project. Generally, if the I-485 is based on an immigrant visa petition, then USCIS will pull the petition from the NVC when it gets to adjudicate the I-485 adjustment application.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyWait 30 days and request again to NVC if you do not get a response from NVC. Include that your parent is adjusting status.
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