Outside the U.S.? You May Need to Visit a U.S. Embassy or Consulate to Apply for an EB-5 Visa

Most investors are hoping to obtain their EB-5 green card visas as quickly as possible. In some cases, immigrants who are already living in the United States are able to adjust their residency status, forgoing many of the processes involved in obtaining a visa.

However, aliens who are living outside of the U.S. do not have this option. Such immigrant investors will typically have to submit their petitions for consular processing, or examination and approval at a U.S. embassy or consulate in their home country or country of residence.

A short overview of the consular visa petition process for EB-5 Investors:

  • Consular processing for EB-5 investors begins after an investor’s I-526 petition has been approved. USCIS will send the alien’s approved petition to the National Visa Center, who will contact the immigrant with instructions and a request for an interview. Aliens will be responsible for bringing all required documents and information necessary to supplement the application. The alien may also need to be fingerprinted and undergo a medical examination.
  • The next step is to report to your consular interview. The consul will examine the petition and documentation for errors and ask the immigrant questions during the interview process. Some applicants may need to return to the consulate many times before approval.
  • After consulate approval, the alien will be issued an immigrant visa and required travel documentation. Any eligible family members will also be granted immigrant visas at this time.
  • The investor and his family may now seek admission to the United States at a recognized port of entry.

It is important to note that the consul will have to determine the eligibility of each family member before they will grant a visa. If the investor’s EB-5 visa is denied, all applications by the investor’s spouse and children will also be denied.

The California based EB-5 green card lawyers at Jatoi & de Kirby, A.P.C. can help you navigate the application process, finding the route to citizenship that is right for you and your family. Contact us for more information.