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When applying for an EB-5 Visa, many focus on the initial approval of the I-526 petition. And while the approval of the I-526 is critical, it is not the final part of the process before immigrating to the United States. After the I-526 Petition is approved, the next step in the process  is the consular interview.

The consular interview takes place at a U.S. Embassy or Consulate that has jurisdiction (typically where the citizenship of the applicant lies) over the beneficiary.  The purpose of the interview is to make sure the petitioner is not subject to any grounds of exclusion. Upon establishment of admissibility by the consular post, an immigrant visa to the investor is issued. The consular post will also determine if the spouse and the qualifying children of the investor are admissible. If the investor is denied an immigrant visa, applications by the spouse and children of the investor for such a visa will also be denied.

Immigrant visas are usually issued shortly after the interview, unless the consul detects problems in the visa application, the underlying I-526 petition, or during the interview process. Visa applicants should allow six to twelve months after the I-526 is approved to complete consular processing, although times for processing vary greatly among consular posts.

Upon Consular approval, travel documentation and conditional green cards are issued to investors and their family members. Investors are required to enter the US within six months of the date of the Embassy approval. After two years, the I-829 petition may be filed to remove conditions and change green card status from conditional to permanent. Removal of conditions petitions are not conducted by the consular post, but by USCIS.

Immigration officers carrying out the immigration interviews are given great deference in using discretion when questioning applicants. However, there are basic approaches for preparing efficiently for the Consular interview.

Be on time for the scheduled immigration interview. Simply securing an immigration interview appointment can be difficult. With caseloads at record volume, being only minutes late after the slated time in a hectic United States consulate or at U.S.C.I.S. office, can throw the interview off its schedule and possibly endanger the entire case. Therefore, it is a good idea to arrive at least 30 minutes before the reserved immigration interview. 

Pay attention to every single question the officer asks and then respond appropriately and truthfully. Listen closely to each thing the interviewer asks. Answer each question specifically. Do not offer less or more information.  Not responding to a question or giving the official a great deal more information than requested can confuse and often aggravate the interviewer. The goal is to keep the official as comfortable as possible, increasing the likelihood of an expedited approval. Therefore, it is okay to not remember or not know the reply to a query (rather than risk not being accurate).  

Bring a copy of your I-526 petition to the Interview. Even if documents were sent together with the application, access to them could be limited. Therefore, it is a good idea to bring copies of all legal documentation to the interview to insure easy access should the immigration officer request a document. 

Under the EB-5 program the investor is issued a conditional Green Card providing Permanent Residency for themselves, their spouse and children (under the age of 21) on an investment of at least $500,000. The investment must result in the development of at least 10 permanent jobs.  

While key features of EB-5 are easily stated, the EB-5 process can be arduous and confusing. Besides the Consular interview, the entire process is a vast combination of timelines, deadlines, tax returns, supporting documentation, and due diligence involving, immigration attorneys, the USCIS and the SEC.

An Exclusive Visas Expert EB-5 Consultant will cut through the confusion for the investor by explaining how the program works generally and specifically for the candidate. Exclusive Visas brings together all the elements of the program, manages timelines, and gives the client the broadest likelihood of success.

From petitioning the USCIS to choosing a credible project to invest in, Exclusive Visas will see to it that the investor has all the information necessary to give them peace-of-mind while making the best of the EB-5 opportunity.

Don’t wait another day. Click here to contact an Exclusive Visas Eb-5 consultant now.