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Questions and Answers > EB-5 Investments

How should EB-5 applicants answer questions about immigration petition filing on the DS-160 form for B-1/B-2 visa?

I am filing my DS-160 form for my B-1/B-2 visa (renew) and have an approved EB-5 I-526 petition. However, before completed the DS-260S, the EB-5 legislation was pending to be renewed. All EB-5 fillings have been suspended. How do I answer questions about immigration petition filing on the DS-160 form?

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Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You must answer that you have filed for an immigrant petition but have set up for consular processing and will return to your home country for that interview.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    If you are the principal applicant, you should answer "Yes" to this question.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You answer "Yes, an immigrant visa was filed on your behalf."

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you have an approved I-526 petition, you need to answer yes on DS-160.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You needed to disclose it factually as to the date and category of approval and also explain why you feel you qualify for a visitor visa. The filing of a petition is an issue but not necessarily a roadblock provided you can show your intent is to make temporary visits and not use the visitor visa as a platform to enter the U.S. permanently.