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With an RFE on my I-526 petition, what is the best process for EB-5 approval?

I have an RFE for I-526 investment. I am submitting a written reply shortly. To enable to clarity this further in case of any queries, how can I seek a face to face meeting in case of new clarifications? The time it takes to process I-526 is high. Could the USCIS consider allowing the applicant to start residing in US as soon as I-526 is approved - say visa stamping to be done in max 1 month instead of a long consulate processing?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I-526 processing is done entirely by mail. No phone calls or meetings. Planning for your green card application will be done best with the help of an immigration attorney who can discuss options and timelines. But right now, no one is getting anything done in one month.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    USCIS does not provide for in-person interviews at the request of an applicant. Be sure you understand and respond to USCIS in a detailed and informed manner since denial rates are fairly high. Also, unless you are experienced in EB-5, you need to have qualified professionals guiding you through the process. USCIS is not going to bypass the National Visa Center background checks stage, in fact, that is the second bottleneck even after approval. If you were able to enter the U.S., after approval, on a dual intent-type visa, then you might be eligible to adjust status in the U.S. But they are taking many months to process work and travel permits so you might not be able to work in the EB-5 business for months even after filing an adjustment.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    They will not grant a face-to-face for clarification and you can assume many years to get the conditional green card to be able to reside here. There may be a nonimmigrant visa to allow you to come sooner while awaiting permanent residency.

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    Stephen Berman

    Immigration Attorney
    Answered on

    No, to be issued a visa, it has to be forwarded abroad, or if you are in the U.S. in legal status, you can file to adjust status.