Questions and Answers > EB-5 Legislation

How does the Trump Immigration Ban affect my EB-5 process?

My I-526 was approved back in 2018 and I am currently waiting for my date to be current. I filed in September 2016. How will this new Executive Order suspending immigration affect my wait time? Also, I am currently in the U.S. with an F1 status.

Answers

• BoBi Ahn

  Immigration Attorney

  Answered on April 29, 2020

  The new Executive Order specifically exempts EB-5 Immigrant Petitions.

• Stephen Berman

  Immigration Attorney

  Answered on April 23, 2020

  It should have no impact on your wait time since there are the same number of visas available per year.

• Michael A Harris, Esq

  Immigration Attorney

  Answered on April 23, 2020

  We still need the final order to be issued to learn what the Trump Administration is banning. If any indication is given based on the use of the term entry, as well as the prior upholding of the Travel Ban from the U.S. Supreme Court based on the authority of the executive branch to stop the entry of immigrants and nonimmigrants into the United States, the latest travel ban should not apply to you when you are eligible to file an I-485. This is because you have already been admitted as a nonimmigrant. Further guidance is needed, but the previous travel bans have not barred applications for green cards who have previously entered and have already been admitted into the United States.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on April 23, 2020

  The executive order, if it is not extended or augmented in any way later, possibly could extend your wait time, but a temporary 60-day suspension of green card issuance likely will not be statistically significant when compared to the overall I-526 petition processing time or, as in your case with an approved I-526 petition, the waiting period for an available immigrant visa number, which is determined by the monthly visa bulletin and depends upon your country of birth.

• Salvatore Picataggio

  Immigration Attorney

  Answered on April 23, 2020

  It is hard to say until we see the order. Sometimes it looks like entries will be suspended, other times it is domestic green card filings. We will see what happens once there is an order and if we get a temporary restraining order or not.

• Dale Schwartz

  Immigration Attorney

  Answered on April 23, 2020

  Stay in F-1 status. We do not think that his Order will apply to people already in the USA. You should consult with your own lawyer about this.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on April 23, 2020

  If you are in a valid status in the U.S. and you are filing your I-485 later, the impending Order from the President will not affect you. As the Presidential Order is not issued yet and details are not yet available, the only words out from the President himself is that the new Order will be for 60 days and will be directed at new immigrants that want to enter the U.S. For whatever it is worth, the Order will affect just about 75,000 people. So, keep up with the information on this issue as President may change the details.

• Lynne Feldman

  Immigration Attorney

  Answered on April 23, 2020

  EB-5 beneficiaries are exempt.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on April 23, 2020

  The good news is the new April 22, 2020 executive order exempts EB-5. It is possible that unused visa in other categories will improve the EB-5 waiting line for backlogged countries.