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What should EB-5 investors do if their visa application cases are put under administrative processing?

During my EB-5 consulate interview, the officer told me that my case needed to go through administrative processing. I submitted all documents along with my passport during the interview. It has been almost seven weeks and I have not gotten my passport or the visa back. I sent an email to the consulate after four weeks and after six weeks of the interview, but received no clear response. What should I do now?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Probably continue the cycle of waiting and inquiring until you get an answer or a definite timeline.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There isn't much you can do if your case is under administrative processing, except to keep following up to see if there is any movement. This usually means that there is further security clearance being conducted and there is no expediting or any set timeline.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    First, it is necessary to know what the reason was for the U.S. embassy to put your case in administrative processing. It can be background checks or other reasons. They are not allowed to re-adjudicate the case, as this authority lies with USCIS but administrative processing is basically internal investigation by U.S. DOS of certain issues in your case. Have a comprehensive discussion with your EB-5 immigration attorney and ensure you discuss what questions were asked and how you answered them. Your attorney will help you with further guidance. Otherwise, there is not much you can do except wait and keep checking with the embassy every 30 days.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is good they held your passport? If it is serious they will give it back. Expect the case to be cleared in about two months. Some admin processing cases take many months but most take about 60 days.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, an administrative processing takes about 60 days thus an inquiry after either four or six weeks is rather too quick and unnecessary. However, keep the monitoring processing in place until the 60th day.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you have been notified that your case is under "administrative processing," in fact there is very little you can do. The phrase "administrative processing" covers a multitude of sins, meaning that it could be something relatively simple, or it may mean that your case has gone into a dark hole. Often, when the name of the applicant and fingerprints are run through a database, and there is a negative "hit" showing that some law enforcement agency, domestically or internationally, has some adverse information regarding a party with the same name or similar name, it can take anywhere from months, or some cases years, for the case to be cleared. In my experience, it is almost impossible to get a consular post to clarify why one's case is in administrative processing. As unfortunate as it is, you may have to simply wait, follow up periodically and hope that at some point the matter is resolved.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Your attorney should contact the consulate to understand the reasons for AP and develop a strategy.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There is not much you can do but wait and keep checking with the consulate every 30/60/90 days until the processing is completed.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    This is straight from the Department of State - Bureau of Consular Affairs website. There are only two possible outcomes for U.S. visa applications. The consular officer will either issue or refuse the visa. When administrative processing is required, the consular officer will inform the applicant at the end of the interview which is what happened to you. The duration of the administrative processing will vary based on the individual circumstances of each case. At the conclusion of the administrative processing period, the consular officer might conclude that an applicant is now qualified for the visa for which he or she applied. The officer may also conclude that the applicant remains ineligible for a visa. Visa applicants are reminded to apply early for their visas, well in advance of the anticipated travel date. Except in cases of emergency travel (i.e., serious illnesses, injuries or deaths in your immediate family), before making inquiries about status of administrative processing, applicants should wait at least 180 days from the date of interview or submission of supplemental documents, whichever is later. Practitioners will claim that the administrative processing takes 60 days or less, one third of the time published by Department of State - Bureau of Consular Affairs. At any rate, whichever time frame you go with, it appears like you have not waited long enough. Give it some more time.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Wait.

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