We got EB-5 approval recently and are now waiting for the interview. After the EB-5 visa is issued, I”ve heard that we must enter the U.S. within 6 months. I can enter but the problem is that my son has more than two years of studies left at the university and will not be able to enter the U.S. within the 6-month timeframe without missing college courses. What are my options here?
Your son should enter the U.S. during the six month visa validity period to initiate the conditional resident process. After entering the U.S., he can return back to university to complete his studies. You should consult with your attorney to make sure he maintains his conditional permanent resident status while outside of the U.S.
An immigrant visa will expire after 6 months. It is important that your son enters the US to get admitted as a permanent resident during the immigrant visa validity period with you or after you (principal EB-5 investor) has entered the US on your immigrant visa. If he cannot stay in the US, he can apply for a reentry permit which will allow him to study outside the US up to 2 years (or during the validity of the conditional green card) whichever expires earlier.
Your son should enter to complete his visa process. He can then return to college. After the permanent resident status vests at his entrance, he can file for a Reentry Permit, which will allow him to stay out of the U.S. for up to 2 years.
You can request an extension of the visa.
If he is a college student he can certainly proceed with his studies. The family should revise its plan as you the parents can be in the US sooner while your son can join later.
You should be able to stop the immigrant visa interview of your son from happening. This may require some effort because of the bureaucracy involved. Your immigration attorney should get involved with this. If your son does not proceed with the immigrant visa interview soon, then he should be able to restart the immigration visa application process and have an immigrant visa interview in the future.
Even if it is difficult to enter the U.S. within six months, while you can obtain an extension I would suggest that you and your family, including your son, enter the U.S. even if it''s for a single day given the fact that this is a very important process. Once you have entered the U.S. for a single day you are admitted as Lawful Permanent Residents and you will acquire evidence of same and there is nothing to prevent your son from literally turning around the next day and returning to complete his university studies. He should return to the U.S. as often as possible, but at least once every 6 months. The process of acquiring Permanent Residency is so critical that you should not jeopardize same, nor should your son.
The immigrant visa will expire after 6 months. It is recommended that you and your son travel to the US during the validity of your visa, even if it is just for a couple of days. If your son cannot stay in the US, then he should obtain a re-entry permit (I-131), which would allow him to complete his studies abroad.
I would encourage your son to enter the U.S. within the 6 months timeframe and then file a re-entry permit if he intends to stay outside the U.S. for an extended period.
The simplest and cleanest way to handle the situation of your son is that your family enter with the Visa during his school vacation. After entering, you may or your son may apply for the Re-entry permit that will allow him to be able to stay out for 2 years without having to be in the U.S. Please note that he needs to be here long enough (about a month) to be able to get the Biometrics done after submitting the Re-entry permit application.
You can get an extension from the US consul.
Have him enter and go back again. He will have to miss a few days.
Your son should enter the US for a short trip to initiate his CPR status and then return to his studies. Your lawyer can explain more and advise you reapplication for a travel document.
He should definitely enter before the immigrant visa expires and then apply for a Reentry permit to be away longer than six months. Alternatively he can delay his interview and follow to join at a later date. But keep he mind that he must not age out and must enter the U.S. as an LPR before his 21st birthday.
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