Seven Ways Immigration Lawyers Can Help with Your EB-5 Investor Visa


A lot of people are very much interested in it, but many are not familiar with how US immigration works. Even if immigration law also covers travel documents, authorization papers, and other crucial matters, they are not as popular when compared to a citizenship application or the green card process. Most of the queries received by immigration lawyers are on the processing of visas, permanent residency, and US citizenship.

A green card or permanent resident card signifies one’s permanent resident status. Applying for a green card, however, is not easy. As such, immigration lawyers can help in several ways:

1) A foreigner who qualifies to get a green card must first go through a lengthy application process before he or she can become a lawful permanent resident. Despite these complexities, however, almost any immigrant would try and become a green card holder as soon as possible. This is primarily because of the benefits that come with being a legal permanent resident. An experienced immigration attorney can help ensure that all paperwork and supporting documents necessary for your green card application are accomplished properly and duly submitted.

2) Obtaining a green card can be done in several ways, one of which is getting a green card through EB-5. A reliable local attorney can help explain how an alien investor and his or her spouse and unmarried children could apply for permanent residence (and successfully get a green card). Immigration laws specify that the dependents of an investor may be able to use his or her investment to obtain permanent resident status. This is as long as capital will be invested in a new enterprise that will provide jobs for US citizens or permanent residents, and eventually will boost the economy.

EB-5 Investor3) An experienced immigration attorney can help make sure that the investment, which shall be put up in a commercial enterprise within an R.C., is qualified under relevant laws. He or she can also guide you as you record that at least ten permanent full-time jobs (for qualified US workers) will come from the enterprise. Generally, the economy must benefit, even if indirectly through increased exports, domestic investments, or regional productivity.

4) An expert on immigration law can likewise help in actually filing the green card application. The foreign national applying should file CIS Form I-526 at the service center that covers the area of the would-be investment. A competent lawyer can also help prove that the minimum capital, which comes from lawful sources, is invested in a new commercial enterprise that creates the minimum number of employment opportunities in a TEA (when applicable).

5) Legal services of an immigration policy expert is also necessary when changing your business plan after 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 to the U.S. Citizenship and Immigration Services (USCIS) office. Such form is necessary for the eventual adjustment of status or consular processing and serves as grounds for the approval of Form I-829. Your lawyer can help you file another Form I-526 when necessary, and explain its implications to your immigration status.

6) An approved petition will be forwarded by the USCIS to the Office of the National Visa Center. The latter will inform you if an immigrant visa number is already available. Afterward, when obtaining conditional resident status, legal assistance from a reliable attorney is also crucial. Upon approval of Form I-526, you should either file CIS 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.

7) If things go well, a two-year conditional permanent residency will be granted to the investor. A hands-on lawyer would also make things easier as you process the removal of conditions on your permanent residence, which is at a later part of the immigration process. An eligible alien investor who wants to become a (non-conditional) lawful permanent resident should file CIS Form I-829, and do so 90 days before the end of the two years of his or her being a conditional resident.

Individuals of a different nationality who wish to apply for a green card through EB-5 must first consult with a legal expert who is knowledgeable on the immigration process. Get someone who can assist you with your application for an immigrant visa and a permanent residence card.

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. Call us at AmLaw Group for a consultation.

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