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?
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.
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.
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.
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.
If your priority date is current, you definitely want to submit your DS-260 and pay the filing fee.
If your priority date is current, then you can proceed with the immigrant visa application process.
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