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What are my options when the priority date is overdue?

I am an EB-5 investor from mainland China who has been waiting in the visa backlog for a long time. For the recent two years, I have not paid too much attention to the visa bulletin. Last month when I check, I realized that my priority date is overdue. I am not sure for how long. What are my options? Can I still file a DS-260?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can still file your DS-260. Generally, the national visa center usually sends applicants their bills and notice in this type of situation either through email or mail. If you just received your bill and notice, then go ahead and pay for your DS-260 and start the process.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You should have also been notified by the national visa center (NVC) regarding the next steps. If you never received such notice, you may still proceed with processing but you will need to contact the NVC to obtain the immigrant visa fee bill and case number.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Did you get the fee bill? Was that paid? Do you have an NVC case number? If yes, and if your priority date is current, then pay the fee bill and follow the instructions to submit the DS-260 electronically and then upload supporting documents.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The national visa center usually sends reminders if you are close to the date being current, so check to see if you got anything from them.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If your priority date is current, you definitely want to submit your DS-260 and pay the filing fee.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    If your priority date is current, then you can proceed with the immigrant visa application process.

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    Tahmina Watson

    Immigration Attorney
    Answered on

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