Magdale Labbe Henke
Immigration AttorneyYes, you will have to go to an embassy interview to get the EB-5 visa if you are currently outside the U.S., and are not in the U.S. with another type of visa where you can submit an "adjustment of status" application. Even if USCIS determines that you meet the requirements to qualify for the EB-5 category, the consulate looks at further criteria of ineligibility (criminal convictions, previous overstays of visa status, fraud, etc.) and could still deny the visa even though USCIS may have approved the initial petition.