Posts Tagged ‘ how to apply for EB5 visa ’

What Stage is My EB5 Application In

Posted on: August 5, 2013 by in EB-5
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bigstock-Passport-Gavel-5802855Applying for an EB5 investor visa is an exciting, but also very stressful experience. With dreams of U.S. residency and eventual citizenship on the mind, it can be easy for EB5 visa applicants to get distracted by thoughts concerning the status of their applications.

First of All, Apply Properly

One of the biggest reasons for returned or rejected EB5 applications is human error, typically related to a failure to fully read and understand the application directions before the request for consideration is made.

So they can worry less about the status of their EB5 investor visa application, applicants are urged to work with an experienced EB-5 investor visa attorney who can handle the paperwork and due diligence requirements on behalf of the foreign investor to ensure the entire process goes as smoothly as possible.

The Normal Process

The paperwork that is filled out to request an EB5 investor visa is called a Form I-526, Immigrant Petition by Alien Entrepreneur. By the time this paperwork is filled out, the requirements under the EB5 investor program should have already been met by the foreign investor. This means that the investment capital should have already been invested or a substantial step should have already been taken toward making the investment. Per EB5 requirements, the investor is also required to show that the funds will create at least 10 jobs for qualified American workers if invested into a new business venture, or that they will increase the employee work force or net worth of a business by 40% if invested into an existing business venture.

Generally, if working through an attorney, which is highly recommended, the attorney will send off the I-526 application on the client’s behalf and will in turn receive a “Notice of Action” by mail within a couple of weeks. This notice will contain the client’s case number, which can then be used to check the status of an application via the U.S. Customs and Immigration Service (USCIS) website.

Tricks of the Trade

Even though very useful, the case number is not the only way for foreign investors to know what stage of the application process their application happens to be in. For example, in the period of time between sending off the application and receiving the “Notice of Action”, there is no way for the investor to know exactly where his or her application might be. For this reason, experts recommend sending the application by UPS or FedEx. Either of these services will assign a tracking number to the sealed application which can then be tracked online, allowing investors to know when their application has been received by the government.

Further, the client will most likely be asked by his or her attorney to cut a check payable to the Department of Homeland Security as part of the administrative approval process. When this check is cashed, investors will be able to know that progress has been made on their case.

Up to a Year

On average, it can take up to one year before an EB5 application process is complete. Foreign investors are urged not to preoccupy themselves with worries over what stage an application is in. If problems arise, the investor will be notified of the problem accordingly, either directly or through his or her appointed EB-5 investor visa lawyers.

Filing for the EB5 as an Illegal Immigrant

Posted on: July 22, 2013 by in EB-5
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bigstock-Close-up-of-male-hands-with-pe-46137757EB5 Basics

The EB5 investment program is designed to encourage foreign investors to invest substantial amounts of capital into the U.S. economy. In order to attract investors, the government offers anyone who invests the minimum required amount the chance to apply for a special investor visa. If granted, the EB5 visa would allow the investor to live and work in the U.S. on a long term basis, and would even allow the investor’s spouse and dependant children to qualify for visas of their own.

Illegal Immigrant Status

Being an undocumented immigrant in the United States is a serious offense. Not only can it result in deportation to the person’s country of origin, so too can it prevent a person from being able to take advantage of many of the legal routes to citizenship, like the EB5 investment program. Additionally, a person who is found to have remained in the U.S. illegally for more than six months to a year could be barred from entering the U.S. for a period of  three to 10 years.

Waivers are Possible, Not Guaranteed

Even a person who has already spent a substantial amount of time living in the U.S. illegally can be allowed to remain or return to the U.S. if a waiver of inadmissibility is approved. The waiver would allow a person declared as “inadmissible” the chance to enter, and in some cases remain, in the U.S. despite the inadmissibility.

There are several rules and exceptions to who may qualify for a waiver to enter the country. Every person’s situation will be different, which is why a credentialed immigration attorney should be consulted to determine what kind of inadmissibility waiver an immigrant may qualify for.

What About Applying from Outside the U.S.

In order to avoid being discovered as having lived in the U.S. illegally, some illegal immigrants who want EB5 status will try to leave the country in order to apply for an EB5 visa through an American consulate on foreign soil. Illegal immigrants are advised against this because it is not allowed and can be an expensive mistake if tried and failed.

Further, American consulates in other countries have available to them the same resources as those available in the U.S. to investigate the background of an EB5 applicant – if it is discovered that the immigrant was at one time in the United States illegally, the person can still be barred from U.S. entry for a period between three to 10 years.

Constantly Evolving Policy

Immigration policy in the U.S. is constantly changing. For the best chance at forging a path to legal U.S. residency, illegal residents and prospective immigrants outside of the country are urged to partner with an experienced immigration attorney. An attorney will be able to evaluate a person’s individual case to determine his or her best legal options for coming to, returning to, or staying in the U.S., and guide the person through the necessary application processes in order to get started.