I am an Indian EB-5 investor. My priority date is in 2018, which is not current according to Chart A of the visa bulletin. In September, I noticed that the Chart B said current for India-born EB-5 investors. So I filed my I-485 on October 2. I also applied for my EAD and advance parole, and had my biometrics scheduled on Nov. 6, 2019. I see this month that Chart B showed current for November as well. Will I get my permanent residency status based on this I-485 application soon, or did I misunderstand the visa bulletin?
Answers
Bernard P Wolfsdorf
Immigration AttorneysYou cannot be approved until your number is current under chart A final action date.
Salvatore Picataggio
Immigration AttorneysUSCIS will notify us which chart they are using. For example, for November 2019, they will use the "Dates for Filing" chart.
Lynne Feldman
Immigration AttorneysYou may file for permanent residency based on the filing chart if USCIS says they will use that in the month you file. The final adjudication of the permanent residency though is always based on the Final Action Chart and that must be current when you have your interview or whatever month they grant the permanent residency.
Stephen Berman
Immigration AttorneysIf you meet all of the other requirements for adjustment, you can get the green card once the date is available on both charts.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.