The I-526 petition of my wife was approved on Sept. 9, 2020 and the documents were approved by NVC with an invoice date of Jan. 26, 2021. She was born in the UAE but is an Indian national. Her file would be evaluated as a UAE citizen and is not under retrogression. Is it normal to have such an extended delay for consular processing in her scenario? Our main concern is that it will soon be 5 years (May 2018) since the EB-5 funds were invested and we are concerned that the funds may need to move into a new project to stay “at risk” once she gets her conditional green card.
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThis does seem to be unduly delayed but you can see from the NVC correspondence whether they are classifying her by place of birth not by nationality. They have been slow but you or your lawyer should reach out to NVC to schedule ASAP.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou may need to clarify with NVC that she is UAE born and not awaiting a current Priority Date. Redeployment of funds may be to your advantage if the project is built and your money is not earning anything.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyNVC is experiencing significant delays (and losing files it seems). Follow up with them as much as possible to make sure your file surfaces. The original loan might be extended. And you might have to redeploy; no one really knows at this time. If redeployment proves necessary, you might have more than one option in terms of redeployment periods. Good luck!
Robert V Cornish Jr
Securities AttorneysBe sure to read your PPM as to redeployment matters. You have one year to redeploy the investment. You should speak with the Regional Center on negotiating the terms of redeployment to the extent possible if you believe this will happen.
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