How to Obtian a US Green Card from EB5 Program
EB5 Green Card Petition Time Frame
The total time from EB5 green card application to approval varies depending on the different individuals; however, usually it takes approximately as fast as 4 to 5 months for the alien investors living in the US, 8 to 15 months for those living outside the US.
But under the regulations, an investor approved for the EB-5 immigrant visa receives a "conditional" green card, and has to file a new petition to remove the condition after 1 year and 9 months but before the second anniversary upon admission as a conditional permanent resident. So this will bring the total investment time to around 3 years.
Procedure to Obtain NYCMRC EB-5 Visa
There are 3 major steps for the attorneys to help NYCMRC investors to obtain an EB5 green card:
File Form I-526
With the help of the investor's independent immigration attorney, a NYCMRC investor must submit a completed Form I-526 (Immigrant Petition by Alien Entrepreneur) to U.S. Citizenship and Immigration Services (“USCIS”) along with supporting documents clearly demonstrating that the NYCMRC investment plan meets all EB-5 requirements, although NYCMRC reserves the right to approve and disapprove the investor’s independent attorney based upon the attorney’s experience and knowledge.
File Form I-485 or immigration visa application
After the Form I-526 is approved, the investor, if residing within the U.S., must submit a completed Form I-485 (Application to Register Permanent Residence or Adjust Status) to USCIS to obtain conditional resident status. If residing outside the U.S., the alien investor must apply for an immigrant visa at a US Consulate abroad.
Emigration to US
After a conditional Green Card is issued; the investor living outside US with immediate family is allowed to emigrate (Spouse and children under 21 at the time of application to US.
The first requirement of any investor after they receive the conditional permanent resident visa at the United States consulate office is to enter into the US within 180 days of visa issuance. Then the investor and his/her family must establish residency in the US.
In order to show the evidence of intent to reside in US, the investors need to open bank accounts, obtain a driver's license or social security number, pay state and federal income taxes, rent or buy a home in US.
File Form I-829 to remove “conditions”
After 1 years and 9 months, the attorney will help the investor as a conditional resident in US submit a completed Form I-829 (Petition by Entrepreneur to Remove Conditions) to USCIS within 90 days before the second anniversary of admission (approval of I-485 or admission into US territory) with supporting materials. Then the alien investor will obtain the permanent greed card.
Success with the EB-5 program visa petition relies heavily on correct information, timely filing and logic plans concerning both the investor and the projects, NYCMRC program will help investors to obtain the Green Card successfully. After 4 years and 9 months of issuance of conditional green card, investor and immediate family members may apply for US citizenship.