How can EB-5 applicants leave the United States after completing biometrics? - EB5Investors.com

How can EB-5 applicants leave the United States after completing biometrics?

My parents applied for EB-5 green cards from Vietnam. They got an interview in July 2023, got their immigrant visas, and now they’re currently in the U.S. waiting for their biometric appointment. My question is, will they be able to leave after completing their biometric appointment? Can I mail the green cards to them? Their immigration visa is about to expire. What should they do?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

They should not be waiting for biometrics unless you have filed for a reentry permit, and that takes 2-3 months. You can mail them the green cards.

Alvaro Acevedo

Alvaro Acevedo

Tax Attorneys
Answered on

Your parents are currently in the process of obtaining Lawful Permanent Resident (LPR) status in the U.S. as EB-5 visa holders. This involves several stages, including filing a Form I-829 petition within the 90-day period immediately preceding the end of their two-year conditional residency period. They will need to prove that their investment was maintained throughout this period and that it created 10 full-time jobs for qualified U.S. workers. If your parents' immigration visas are about to expire, it's crucial that they maintain their immigration status. This involves filing the aforementioned I-829 petition within the 90-day period before their two-year mark as conditional permanent residents. The U.S. Citizenship and Immigration Services (USCIS) typically reviews these petitions within "two to four years" and currently has a "backlog of over 11,000 applicants", so it's important they act promptly. The search results do not provide explicit information about whether your parents can leave the U.S. after their biometric appointment or if you can mail the green cards to them. However, it's essential that they follow all guidelines provided by the USCIS during this process. The EB-5 Immigrant Investor Regional Center Program expired on July 1, 2021, but was reinstated and reformed by the Consolidated Appropriations Act, 2022, signed by President Biden on March 15, 2022. Following this new legislation, USCIS resumed processing I-526 petitions.

Dennis Tristani

Dennis Tristani

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Answered on

It sounds like your parents applied for reentry permits once they arrived in the U.S. If this is the case, you can depart the U.S. after you complete biometrics - the reentry permits can be sent to them. The physical green cards can also be mailed to them abroad - the physical stamp your parents received in their passport after entering the U.S. with their immigrant visas extends the validity of the immigrant visa for travel for one year.

Benjamin Hu

Benjamin Hu

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Answered on

When a person uses an immigrant visa to enter the USA, the visa will be stamped at the border. The visa plus a stamp counts as an effective document proving that they have lawful permanent residence (conditional or unconditional). Usually this visa stamp plus the border stamp is effective for one year, and can be used to prove their immigrant resident status. It is permissible to leave the US and use the immigrant visa plus stamp to re-enter the US within that one year. The date on the immigrant visa itself is not relevant once the immigrant visa foil has a stamp.

Gregory Romanovsky

Gregory Romanovsky

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Answered on

We cannot provide you with a meaningful answer without knowing the details of your parents' case and seeing their documents, but in general, permanent residents are allowed to travel outside of the United States.

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