9 Commonly Asked Questions on Applying for a Green Card via EB-5

While there are a lot of articles detailing how one can get a green card through marriage, few focus on the specifics of getting a green card through investment.

Immigration laws can be quite complex. To give you an idea of this specific green card process, this article will briefly discuss nine common questions related to an EB-5 green card application.

1) What are EB-5 visas and how useful are they for US immigration?

The immigration process of getting a green card through investment is referred to as an EB-5 application. Here, a foreigner may be able to acquire a permanent resident card through a business investment that creates employment opportunities. In other words, one can enjoy lawful permanent resident status by establishing a new commercial enterprise that creates at least ten full-time jobs (specifically for a US citizen, a permanent resident, or authorized immigrants).

2) How can I obtain lawful permanent resident status through EB-5?

If you are an alien investor planning to invest in a business enterprise (that can create full-time jobs for at least ten individuals in the groups mentioned above), then you should apply for a green card like anyone else. This means applying for permanent resident status to the United States Citizenship and Immigration Services (USCIS) with your would-be investment put at the forefront of your application.

3) What should I prepare for my EB-5 visa application?

The USCIS looks very closely into each application submitted to the office. Make sure you completely and carefully fill-out all relevant USCIS forms. Prepare other required paperwork and several supporting documents, specifically those related to your would-be investment. Doing so will increase your chances of being able to immigrate and get a green card through investment.

4) Will my home country be a factor?

Although no specific country is mentioned in relevant immigration law, the USCIS office generally takes into consideration the country where you currently reside. They often exercise discretion when dealing with the immigration papers of individuals from certain countries. Obtaining a green card could be more challenging, for instance, if your country of residency has a history of fraud in their records.

5) Are there specific immigration policies on the would-be investment? 

As long as you will actively engage in your business and such will be sustained for three additional years, you generally can choose where in the United States you would want to invest in. An experienced immigration attorney can explain to you what you can do with your green card after this period. You may opt to work for a different company or just stay at home, although this is, expectedly, more complicated than it sounds.

6) What does it mean if I successfully acquired a permanent resident card?

If a foreign national was able to get a green card through an investment (that will provide employment and boost the economy), then he or she gets to enjoy the privileges that come with such an immigration status. Lawful permanent resident status acquired through an EB-5 investor visa generally comes with the usual rights and responsibilities associated with being a green cardholder.

7) Who gets to enjoy lawful permanent residency?

Aside from the investor, lawful permanent residency will likewise be given to a qualified family member, which could be a spouse or any unmarried children below 21. For both the main investor and the dependents, a conditional green card with a validity of two years will be issued. Processing the removal of conditions often take place six months before the card expiration date. After five years, the party may apply for US citizenship.

8) How crucial is it to get reliable immigration lawyers?

Citizenship and immigration, and everything that takes place between being an immigrant and a US citizen, are matters that must not be taken lightly. A single mistake can put at risk your chances of having an immigrant visa approved, getting a green card, or successfully acquiring US citizenship. In the worst-case scenario, you might have to go through deportation proceedings and even be deported to your home country.

9) How can immigration attorneys help when I apply for a green card through EB-5?

A trusted and hands-on immigration lawyer can help you with preparing relevant paperwork, filing the green card application, and obtaining conditional resident status through either consular processing or adjustment of status. He or she can also help in eventually removing conditions on permanent residence, and applying for citizenship when applicable.

If you have questions on immigrating through EB-5 or if you need assistance on green cards and immigration forms, our law firm can help. For concerns about becoming a permanent resident, contact us at AmLaw Global right now.