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How likely is it that I will be called for an interview during the EB-5 adjustment of status application?

I have heard rumors that USCIS might request an interview for EB-5 applicants at the AOS stage. Has this happened yet? What is the current trend?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Under the current administration it is most likely you will be scheduled for AOS interview. Consular processing may be a faster option, given the current delays with AOS applications at many field offices.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    USCIS has not been scheduling adjustment of status interviews for EB-5 investors.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    It is likely. USCIS is interviewing all employment-based applicants.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    In 2017, USCIS instituted a mandatory interview process for all employment-based applicants, including EB-5 applicants.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you may be required to attend an interview.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, it is likely that you will be required to appear for an in-person interview at the AOS stage. Effective Oct. 1, 2017, USCIS started to phase in interviews for AOS applications based on employment (which includes EB-5). Prior to that, applicants in these categories were not required for an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated.

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    Charles Foster

    Immigration Attorney
    Answered on

    Under the Trump administration, it is now highly likely that you will be called for an interview at the adjustment of status stage. Yes, it happens on a regular basis. You should familiarize yourself and have an overall knowledge of the EB-5 investment, the regional center, and terms and conditions.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Very likely if you filed after March 2017.

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    Phuong Le

    Immigration Attorney
    Answered on

    Basically a standard requirement with with the Trump administration. Do not be surprised if you get called for an interview.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The Trump administration mandated that all employment-based immigrants be interviewed before adjustment. EB-5 is one of the employment-based immigration types, and some of the practitioners reported that EB-5 investors have been interviewed. As the processing time of interview and approval process under the AOS could vary dramatically, depending on the local USCIS office conducting the interview workload, it may be faster to be consulate process instead of doing AOS.

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    Robin J Gray

    Immigration Attorney
    Answered on

    As of October 2017, USCIS began to conduct AOS interviews for employment-based petitions, which would include EB-5. I do not believe that has occurred in every case yet, but they are phasing in this process where there will be interviews.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    USCIS is saying they will interview 100 percent of employment cases, but we have not seen this yet. Most of our cases are still approved without interview.

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    Abhinav Lohia

    Immigration Attorney
    Answered on

    That is correct. However, some of green cards have been approved without an interview in the recent past.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Last I heard EB-5 is not part of the recent changes to the interview policy, but it is possible they may be added. When (if?) such a change happens, sources like this website and your immigration attorney will be all over it!

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