My mother is 85 years old and needs me to accompany her to live in the U.S. She and I are aware that there is a considerable backlog for the 2b "family based visa" of 8 years so given her age, this is impractical. Before she buys an EB-5 visa, she wishes to know whether this can be circumvented by me applying for a K Visa in the UK to join her and obtain a temporary green card? I am unmarried and over the age of 21.
I almost always believe that family-based immigration is preferable than dealing with the greater uncertainty of an investment visa. However, the rest of your question is unclear as to which family member is eligible for sponsoring either you or your mother for an immigrant or K visa.
The facts as stated are in need of clarification.Before an answer is given, we need to know the following.1) Is the Mother a US citizen relative petitioning for son ? If so , the waiting period is several years 2) The K visa may not be available to the son under these circumstances. The EB5 Regional Center EB5 project may be an option that is immediate and may only take several months for son to become a conditional permanent resident. There are several other non- immigrant options which should be discussed with a qualified US immigration attorney.
I do not believe K visa is available for the F2b category.
If she wishes, your mother may provide an irrevocable gift of $500,000 to you, and you can invest in an eligible EB-5 project and file an I-526 petition for yourself as the principal investor. Please be aware that there are expenses in addition to the minimum investment amount of $500,000.
You are not eligible for a K visa in this situation. Based on the nature of your questions, you would benefit from legal advice from an experienced immigration attorney. I would welcome the opportunity to have a consultation appointment with you by telephone. Please contact my office to schedule an appointment with me.
