I live in India and currently have no type of U.S. visa. They say the I-526 processing time is currently about 2-3 years. So, if I invest $1,050,000 in the U.S. and then file my I-526, can I enter the U.S. only when my I-526 is approved? Or can I enter the U.S. while it is still in processing?
Answers
Lynne Feldman
EB-5 Immigration attorneysYou would need to wait until you become an immigrant to enter the U.S. unless you qualify for a nonimmigrant visa sooner.
Dennis Tristani
EB-5 Immigration attorneysYou can enter the U.S. on a temporary visa (such as a tourist, student or work visa) while the I-526 petition is pending. Filing the I-526 petition does not accord the investor with a visa status until the case is approved and one completes consular processing or adjustment of status.
Bernard P Wolfsdorf
EB-5 Immigration attorneysThe filing of the I-526 does not provide a nonimmigrant visa to enter the U.S. You may be able to obtain a nonimmigrant visitor visa to examine your investment, but the filing alone does not provide a right to a visa until the petition is approved and the green card issued.
Mitch Wexler
EB-5 Immigration attorneysAfter I-526 is approved and after immigrant visa issuance unless you are issued a nonimmigrant visa in the meantime.
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