What should be expected during in-person interviews for EB-5 adjustment of status applications?

Two critical issues for adjustment: no unauthorized employment or even one day out of status. Also, check for preconceived intent. Did you arrive as a tourist with a plan to change status soon after entry? In addition, know about the project, the job creation and the clean source of funds.

In my experience, USCIS is not interviewing EB-5 adjustment of status applicants. Until we have anecdotal evidence of what USCIS officers are asking in this type of interview, the available information regarding immigrant visa interview preparation will have to suffice. Since consular officers as much more familiar with EB-5 matters, it is likely that if you are prepared enough for an immigrant visa interview, you will be prepared for any adjustment of status interview. Keep in mind that USCIS officers are trained to ask about current non-immigrant status, which adjustment applicants must demonstrate, as well as other admissibility/eligibility issues.

The guidance after that announcement seemed to limit the interview requirement to I-140 applicants, not I-526. However, in the event you are called in, we can look to what the U.S. consulates ask applicants. Basic information about the project and funds. By working with an immigration attorney you can best prepare yourself for an interview.

The purpose of the interview is to update information on file and also verify the supporting documentation and information presented at the time of filing the I-526, not to re-adjudicate the petition. You will need to be familiar with the investment structure and basic information however, as well as jobs created, etc. Additionally, as with all other AOS interviews, applicants must demonstrate they are otherwise admissible and do not have any criminal issues, immigration violations, or other facts that would preclude them from becoming a permanent resident.

It is possible that as an adjustment of status applicant, based upon an approved I-526 petition you could more likely be subject to a personal interview. In this case, the immigration examiners have little knowledge or experience with EB-5 investor petitions on Form I-526 that have been approved. Therefore, you could be asked the most elementary questions regarding same. It would be highly advisable for the attorney who represented you on the I-526 petition to attend the interview with you so he or she could answer any technical questions about your eligibility, source of funds or whatever potential question that could be asked.

There is no discernible checklist. However, pay particular attention to facts, information and all accompanying documents associated with your I-485. By all account, I-485 applicants are expected to be intimately familiar with the information that are in the files of their I-526 and subsequent I-485. Advisably, consult your attorney for review of every detail of your I-485 filing.

It should be very similar. It depends on whether your case is through a regional center or a direct investment. They will concentrate questions on you personally and then a bit about the investment.

Your lawyer should prepare you for the interview and provide a summary of documents for you to review and take to the interview. You should be able to answer something about the project in which you have chosen to invest. You should also know and be able to articulate how you gathered your funds that have been invested and how your lawyer has presented it to USCIS.