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How long can I delay the move to the U.S. after my I-526 is approved?

I applied for the EB-5 program one year ago and I think it may be approved within one year from now. However, I am not ready to move to the United States until 3 years from now. What is the best practice to achieve this in the time that I want?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There are two ways to approach this. One is to notify NVC that you want to delay, and the other approach is to land and then request permission to be out for two years via a re-entry permit. If you do the later, you are closer to filing your I-829, and can seek the return of your capital when the loan matures.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Once your I-526 petition is approved – before I-526 approval, the USCIS may issue a request for evidence which gives you about three months to respond, so you could take advantage of the full allotted time to respond – you must keep in contact with the NVC within one year or it will return your case to the USCIS. In addition, when NVC processing is complete and you reach the interview stage, you may be able to delay or reschedule the immigrant visa interview with the U.S. embassy or consulate. Finally, once your immigrant visa is issued, you have six months to enter the United States; you do not have to enter right away after your immigrant visa issuance. My recommendation, however, is to try to get your immigrant visa as soon as possible and not delay it. If you are not ready to "move" to the United States, at least make one trip here to obtain the green card. Then you can apply for a re-entry permit, which will allow for two more years to protect your green card while you wind up affairs in your home country. Without such re-entry permit, you should not be absent from the United States as a permanent resident for more than 180 days on any given trip abroad.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You can delay the processing of your immigrant visa. However, remember that your investment capital must remain invested until you file your I-829 petition, 21 months after your arrival to the U.S. as PR. Obtaining CPR status as quickly as possible and then maintaining it while you continue to reside abroad is an option; discuss it with your attorney.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You can delay at various stages of the immigrant visa processing.