Questions & Answers

What should I do if my EB-5 visa is denied at the U.S. consulate?

My case was approved by USCIS in December 2108. I had an EB-5 consulate appointment in Mumbai in July 2019 and thereafter I was required to submit a few documents. Several days later, I got a letter from embassy saying my application was refused as my file was incomplete and they would send it back to the national visa center. Until today, I still have no updates on my case. The online tool only shows the case is returned to NVC. What can I do now? My priority date is still current.

Answers

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on April 9, 2020

  You should contact the National Visa Center. Based on experience, returns from the embassy to the NVC tend to take a long before they surface at the NVC. Make, you have to keep constant contact with the NVC to make sure the return does not take an unduly long time. Also, contact the Consulate and make sure you inquire what is missing and if the list of documents is ever given to you, make sure you address the issue as soon as possible.

• Stephen Berman

  Immigration Attorney

  Answered on March 13, 2020

  Follow up with NVC and find out what is incomplete, if anything, or if perhaps this was a return to USCIS to consider revocation. It is very, very unusual to return a visa to NVC.

• Salvatore Picataggio

  Immigration Attorney

  Answered on March 13, 2020

  You can try contacting the NVC directly to get it going again. Unless they found fraud, I find it unlikely that they would invalidate the I-526, so you should be able to file again.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 13, 2020

  You have to generally wait until you receive a notice from the IPO where the concerns are raised. Sadly, consular returns are not the highest priority for the government.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on March 13, 2020

  You should inquire with the National Visa Center to determine the physical location of your immigration file and follow up with them as to what is needed to complete your case file.

• Dale Schwartz

  Immigration Attorney

  Answered on March 13, 2020

  You might just have to wait until the national visa center contacts you and/or your lawyer.

• Lynne Feldman

  Immigration Attorney

  Answered on March 13, 2020

  Question the consulate through their inquiry system as to what was incomplete.