Five Mistakes to Avoid When Dealing with an EB-5 Investor Visa


US immigration law is very broad, covering travel documents, authorization papers, and processing of visas and permanent residency. Questions that are most commonly asked for immigration lawyers, however, are on the green card process and a citizenship application with the US Citizenship and Immigration Services (USCIS).

A green card or permanent resident card is, essentially, proof of an individual’s permanent resident status. Applying for a green card, however, can be quite complicated. This is why it is vital to seek legal help from a reliable Florida immigration lawyer. A reliable local attorney can also help you avoid common mistakes, particularly when you are applying for an EB-5 investor visa. These include:

– Not knowing the most appropriate way to apply for a green card

– Not submitting complete paperwork for a green card application 

– Not being familiar with the immigration policy for investors

– Not keeping track of necessary forms from the USCIS office

– Not consulting with a legal expert

Not knowing the aptest way to get a green card

There are several ways of obtaining a green card, with each having a different set of qualifications and benefits. Under relevant US Immigration laws, an alien investor can try getting a green card and obtain permanent resident status through EB-5. As long as capital will be invested in a new enterprise that will provide jobs (for US citizens or permanent residents) and that will boost the economy, an investor and his or her spouse and unmarried children could apply for permanent residence.

Not going through the application process and submitting immigration forms correctly

EB-5 Investor VisaBeing a legal permanent resident comes with a lot of benefits as well as rights and responsibilities. It is, however, not easy for an immigrant to become a green card holder right away. A foreigner who qualifies to get a green card must first go through a tedious immigration process before he or she can become a lawful permanent resident. As such, it is crucial to get an experienced Florida immigration attorney who can help ensure that all immigration forms and supporting documents are accomplished properly and duly submitted. Otherwise, your application could be further delayed.

Not being familiar with relevant immigration rules

When filing a green card application through EB-5, it is important to note that the investment shall be put up in a commercial enterprise within an R.C. and must provide at least ten permanent full-time jobs for qualified US workers. Generally, the economy must benefit, even if indirectly through increased exports, domestic investments, or regional productivity. It must be proven that the minimum capital comes from lawful sources and is invested in a new commercial enterprise that creates the minimum number of employment opportunities in a TEA.

Not being aware of relevant USCIS forms

A foreign national must file USCIS Form I-526 at the service center that covers the area of the would-be investment. Remember that if you are qualifying for EB-5, it is unlikely that major changes in the would-be commercial enterprise can be made if Form I-526 has already been submitted. Such form is necessary for the eventual adjustment of status or consular processing and serves as grounds for the approval of Form I-829. An experienced Florida immigration attorney can help you file another Form I-526 when necessary, and explain its implications to your immigration status. The National Visa Center will then inform us if an immigrant visa number is already available.

Not getting the right legal assistance

Upon approval of Form I-526, you should either file USCIS Form I-485 with the USCIS or apply for an immigrant visa at a consulate, depending on if you reside in the US or not. Obtaining conditional resident status is a crucial step in the process. A two-year conditional permanent residency shall be granted to the investor of a different nationality, who shall eventually process the removal of conditions on his or her permanent residence. An eligible alien investor who wants to become a (non-conditional) lawful permanent resident should file USCIS Form I-829 within 90 days before the end of the two years (of his or her being a conditional resident).

If you are planning to immigrate or if you have questions on EB-5, permanent residency, adjustment of status, or green cards in general, contact our law firm. We specialize in business immigration services and we can help ensure that your visa application and green card application will be a lot less stressful. We will gladly assist you with your application for an immigrant visa and a permanent residence card. Call us at AmLaw Group and consult with a reliable Florida immigration lawyer.

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