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Is India out of the EB-5 retrogression?

Since the new fiscal year has already started, is India out of the EB-5 retrogression? We are waiting for our I-526 adjudication with a priority date in March, 2018. Considering the new changes with i-526 processing, how long do we still have to wait approximately?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    India is still in retrogression. For a reliable, check the monthly visa bulletin published by the U.S. Department of State.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Your application may indeed be current and you should immediately consult with your investment immigration attorney.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    India is still subject to visa number retrogression, but the final action date on the February Visa Bulletin is Sept. 1, 2018, after your March 2018 priority date. The new Visa Bulletin for March 2020 should be out any day. Since your priority date is current, the new changes likely will not affect you. Current USCIS processing time for an I-526 petition is 32 to 49 months.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If you are outside of the U.S. and going through the consulate, we use the Final Action Dates chart which shows Indians with approved I-526 petitions originally filed before Sept. 1, 2018, can proceed with the national visa center processing. Yes, you still have to wait for I-526 approval which can be two to four years. And it is not really clear how they will be handling older cases like yours with the new processing guidelines. There is a USCIS engagement in a few weeks where I am sure this will be a hot topic.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    On average, its taking about 29 months for I-526 approval.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The final action date (chart A) for India is Sept. 1, 2018, so you a few months away. However, 2018 was a surge year from India that is presently allocated about 770 visas a year. If your visa petition was approved and you were in valid status in the U.S., you might be able to file an adjustment of status application, since chart B or Date for Filing is current for India for February 2020 and USCIS has continued to allow adjustment filings for Indian EB-5 cases for February 2020. My guess is your wait may be over two years.

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