Our i-526 was approved two years ago and the case is currently waiting for visa quota at NVC. We had recently heard from NVC asking us to pay visa fees. However, one of the beneficiaries of this petition cannot immigrate. What should we do to remove the beneficiary from the case? Should we first remove the beneficiary or pay visa fees first? Does our case have to be reevaluated by USCIS?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf the beneficiary is the principal you cannot remove them if someone else you just do not pay the visa fee.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyJust contact the NVC and advise which derivative is not applying at this time.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyYou would only pay the visa fees for the beneficiaries who will go. In fact, many times the NVC will only send the invoice to the primary applicant anyway and you''d have to remind them who the derivatives are.
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can just pay for those beneficiaries who will immigrate with the primary applicant. Also, feel free to notify the USCIS that the beneficiary in question is being withdrawn as a member of the group.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyProvided the beneficiary in question is not the principal investor, simply do not pay the fee bill and let NVC know. The case will proceed without this person. If the beneficiary in question is, in fact, the principal, the case cannot move forward. Discuss with an attorney the possibility of having this person go through the process so dependents can receive IVs.
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyYour case does not have to be reevaluated by USCIS. There is no separate procedure to remove a derivative beneficiary from an approved petition. Just don''t pay the immigrant visa fee for that person. If the NVC or consulate inquires, you can tell them that the dependent is no longer interested in immigrating.
Dale Schwartz
Find an EB-5 Visa Lawyer: Immigration AttorneyJust do not pay the fee for that person and tell the NVC that they are not immigrating.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou do not need to pay the fee bill for the person who is not immigrating. You can also notify NVC that this individual does not wish to immigrate. Simple as that.
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.