I am actively preparing for my EB-5 application to file before the Nov. 21 deadline. However, there has been some delay in obtaining one of my supporting document, and I don’t think I can make the deadline if I wait for everything to be ready. Some have suggested that I mail out the application package now and get a receipt from the mail courier before Nov. 21, then send in the missing supporting document once I get it. Is this feasible? Could this impact the approvability of my case?
Answers
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyIf the missing item renders your petition "incomplete," then you risk the possibility of the entire petition being rejected. That means you would not be accepted for processing under the deadline. You should discuss with your attorney whether the missing item is critical to supporting the required elements of the I-526 petition in order to determine whether to file without it.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyYou have to meet the minimum requirements, as USCIS can reject a case without them. Your attorney and you will have to determine what he accepts as minimally acceptable.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThis depends on whether the missing documentation is critical. Immigration sometimes says the application must be complete upon filing, and sometimes they vary reasonably and give investors a second chance to supplement the case. Unfortunately, one cannot always predict, so, where possible, it is best to be conservative.
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyAvoid filing an incomplete petition, particularly if it does not appear that your client can back up the claims in the petition if and when a Request For Evidence (RFE) is issued.
Charles Foster
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, this could result in a denial, so it is risky.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyIt depends on what is missing.
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