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Questions and Answers > EB-5 Investments

When can I expect a response to my RFE for my EB-5 I-526 petition?

I filed my direct EB-5 I-526 in 2019. I recently submitted my RFE response and it has already been 65 days. My RFE is related to the business plan. When can I expect my RFE response? What are the chances of approval of I-526 after RFE? I need to travel to USA in regards to company work . What visa can I apply for temporary travel to USA?

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Answers

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    The response to the RFE submission is normally within 60 days. I would urge you to contact the agency.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Your attorney should follow up after 60 days. There is no strict rule requirement for USCIS to respond to RFE. If RFE is complex, it may take a longer time for RFE response. If RFE response was adequately prepared and appropriate additional evidence was submitted to meet the preponderance of evidence standard, then USCIS should approve the case. It may be difficult to get a nonimmigrant visa or ESTA if eligible while I-526 is pending.

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    Irina Rostova

    Immigration Attorney
    Answered on

    USCIS usually reviews the RFE responses within 2-4 months after the reply. Occasionally, they take much longer to reply, especially if the response was voluminous.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Sadly, there is no clear answer because sometimes we hear within 90 days and sometimes it is months or even years later. If the case is past due published processing times, you can do an inquiry, but I would wait at least 90 days. In regard to your travel, if you need to apply for a visa or ESTA, be sure to disclose the filing and make sure you can show your intention for this trip is to stay temporarily, even though you clearly plan to immigrate later.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Many RFEs say 60 days, and that is usually USCIS policy, but that is not always the case in reality. An Outside of Normal Processing Time request may now be appropriate, but USCIS often replies with a very generic template response about how they are working on things as soon as they can, or it being with an officer, or other things that sound nice but do not mean a lot.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    USCIS generally responds within 60 days. You should inquire. Whether or not you can apply for a B visa depends on where you are located and the approval depends on your particular situation.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Was this a Regional Center or private project? No timetable unfortunately on when they act on RFE responses. Best to follow up after 60 days unless very complex response; then allow more time. Regional center projects are on hold so no benefit to following up.