Frequently Asked Questions
- Q?Can my spouse and children also receive “green cards” under the EB5 visa program?
A.A spouse and unmarried children under age 21 can file an EB-5 petition together with the applicant for the duration of the two-year conditional period. When the I-829 petition to remove conditions is approved, the spouse and children also receive Green Card. As Green Card holders, spouses and children are authorized to work or attend school in the U.S.
- Q?Can I apply for an Eb-5 visa if I am currently out-of-status (i.e., I am in USA, but do not have a legal visa)?
A.You can still petition for EB-5 investment immigration. However once it is approved, you must use consular processing to adjust your status. This means you will need to return to your home country to wait for consular processing of an approved EB-5 petition.
- Q?If a member of my family or I are already in the USA on another visa, do I have to return to my home country to apply for an EB-5 visa or permanent residence?
A.You do not need to return your country to adjust your status if you are in the USA. You can file an I-485 to adjust your status here in the USA.
- Q?If I was denied another U.S. visa before, can I still apply for EB-5?
A.Yes, your previous visa denial does not affect EB-5 petition.
- Q?How long does it take to have an I-525(temporary green card) approved by USCIS?
A.About 6 months for Form I-526, based on current processing times.