After I invest the full amount needed for EB-5, and apply for my EB-5 visa, how long will it take for me to be able to move my family to the United States? How can I make sure my kids will be able to study in U.S. public schools (i.e., will they need to apply for student visas while we wait for EB-5 approval)? What can I do to expedite the process of being able to move to the United States?
The petition for an immigration visa takes about one year, so you have to wait at least that long. Once you receive the immigration visa, you can come to the United States. Your children should come with you (if they are also on the petition). They do not need to apply for any visas.
You cannot expedite the process, which is approximately two years; however, there are interim visas that you can utilize, depending upon your circumstances.
Unless you have some legal status in the United States before you file your I-526 Petition, you will need to remain in your home country and go through consular processing. Current I-526 processing times are estimated at 12 or more months. Although this number is not encouraging, there are instances when petitions have been approved in a shorter time. Following approval of your petition consular processing would take an additional three to six months depending on your individual situation and local embassy.
USCIS reports that they are taking 19 months to adjudicate (make a decision) on I-526 petitions. After that I-526 gets approved and USCIS sends the file to the National Visa Center at the State Department, it takes about four to six months before people are interviewed for immigrant visas and are able to come into the United States. Thus, I would estimate about two years from the time you file I-526.
Unfortunately, there is no expedited processing for the I-526 approval or obtaining permanent residency. I-526 approval may take up to 12 months or more, and U.S. consulate processing of the permanent residency may take several months, as well. If you can obtain a valid non-immigrant status first (like an E-2), you can then apply through the EB-5 process and remain in the United States.
The filing of the EB-5 I-526 investors petition does not authorize the investor or family members to stay in the United States during the adjudication process. The investor, concurrently with the filing of the I-526 petition, can also file other non-immigrant petitions to authorize the investor and family members to either live and work in the United States, and even attend school. These non-immigrant statuses should have dual intent, which allows the investor to still have the permanent intent to live and work in the United States; hence, the investor can also file the I-526 petition.
It depends, but realistically it is 12 to 15 months. With that said, we just had a bunch of approvals in four months, and others waiting 15 months. It is very hard to predict.
You must wait until you receive your immigrant visa. Immigrant visa processing can take place only after the I-526 immigrant petition is approved. Mere I-526 petition approval does not grant any immigration benefit such as living, working or studying in the United States. The I-526 petition processing times are between 9 and 12 months or longer. Immigrant visa processing can take several more months. Therefore, you should plan for 12 to 18 months before you and your family may enter the United States as conditional lawful permanent residents. These processing times are subject to change.
Currently, it is taking 12 to 14 months for the processing of the visa. During this time, unless your kids have an F-1 during this time to study in the United States, they will not be able to. Once you get your approval, you can immediately move to the United States.
There is no expedite procedure for I-526 petitions, so the only thing you can do is get the process started as soon as possible. Once the case gets filed, you should expect a 6-12 month processing time. Until the petition is approved, you can''t apply for permanent residence, and your kids would need to apply for student visas in order to study in the United States.
You cannot move to the United States until USCIS approves the EB5 petition, and the U.S. embassy or consulate overseas issues you the visas. Once you arrive in the United States, you will be permanent residents of the United States and can certainly attend school.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.