How can I change the location for consular interview?
When I filed my I-526 petition I was working in Singapore. Then I moved back to my home country, India, to wait for the result of my application. Then I got my I-526 approval. Anticipating that the National Visa Center might refer me to a consulate in the country of my former residence, I requested a change of consulate/embassy location when the case was being processed at NVC. Now I received a case number but not the preferred choice of consulate. How can I have the case transferred to my home country?
I have not paid my visa application fee because I am not sure how that is going to affect my case when my request for change of embassy location is pending. By holding off the visa fee payment, am I delaying the process? What is the best thing to do at this point?
Have your EB-5 attorney contact NVC to request change with explanation and prove of residency in your home country. This may add time to the processing of your case. You should still proceed with payment of IV fee as this will allow you to complete DS-260 online and proceed with filing civil documents with NVC to avoid further delays in your case.
Now that you have a case number, your attorney should submit the choice of address and agent form. Once she is in the system as your representative she can contact NVC through email requesting to have your interview scheduled at a different U.S. Consulate.
You can file a written request with the NVC seeking to change your place of interview. Judging by experience, this may add a few months to your date of interview. Also, it is advisable that you should go ahead and pay for your application visa to the NVC, this will allow you application to move on, otherwise nonpayment may cause some delay of your application as well. Seek prompt consultation with your EB-5 attorney or any EB-5 to plan appropriate strategies.
By not paying the visa fee, you are delaying the process. You should have an immigration attorney use other channels to communicate to the National Visa Center that you desire to change the location of the consular post where you will have your immigrant visa interview.
You have the right to change the location of your consular interview to the Consular Post with the jurisdiction of your place of residence in your home country. You would have to make that request through the National Visa Center. You should be aware that as a result of same, the appointment date for your interview on your application for an immigrant visa based upon your approved EB-5 Investor Petition on Form I-526 could be delayed for a number of months. Yes, by holding off the visa fee payment you are clearly delaying the process. The best thing to do depends upon whether or not you wish to proceed as expeditiously as possible. If so, you should pay the visa fee in order for you to be interviewed, presumably at the Consular Post at the U.S. Embassy in Singapore.
You should be able to request the change by contacting the National Visa Center or the U.S. consulate in India. However, the better option might be to fly to the consulate already designated by NVC to reduce delays in the scheduling of your immigrant visa interview.