Why Some Regional Centers and EB-5 Projects Fail (Part # 2)

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In part 2 of her series, Aimee Rios goes over the next step, the I-485 which advances the status of the visa to conditional permanent residence. And while your I-526 approval doesn’t mean you will get a green card, you will be another step through in this long, complex process.

I-485 form

The I-485 is only for those who are currently residing in the U.S.

Like the I-526, you must be sure to do your due diligence and include all the necessary documents the petition requires.

In her last report Aimee Rios discussed the I-526 petition. Now she'll be going over the next step, the I-485 which advances the status of the visa to conditional permanent residence. While a I-526 approval doesn’t mean a green card will be approved, applicants will be one step closer in this long complex process.

The I-485 is only for those who are currently residing in the U.S. The filing fee for this form is $1070. USCIS spokesperson William Wright says, “The EB-5 applicant (and their derivative family members) is granted conditional permanent residence for a two year period upon approval of the I-485 application or upon entry to the United States with an EB-5 immigrant visa.”

There are many forms within the I-485 that must be filled out including a biometric information sheet and a medical exam signed and sealed by a designated physician. Applicants may also be interviewed at this stage. Many of the same requirements from the I-526 are mandated so they should already have what they'll need like birth certificates, tax returns, criminal arrest records whether charges were filed or not.

Consular processing is an alternative to the I485 for foreigners living outside the United States. Foreigners living in the U. S. can choose either option, and according to investors on the Beacon blogs, consular processing seems to be the faster route, taking only a few months rather than the years some investors on the blog reported. But Wright says the processing time for the I-485 is five months depending on individuals attending their biometric appointments.

Consular processing, which is administered by the U.S. Department of State, has a lower risk of refusal because the consular officer does not have discretion; denials must be backed by hard factual evidence, whereas USCIS officers do have the authority to refuse applicants based on their own individual judgment, for instance, they may not think your business plan is detailed enough and can reject the form on that basis.

Like the I-526, applicants must be sure to do their due diligence and include all the necessary documents the petition requires. There are many resources available including advisors, immigration attorneys and the USCIS website, which will provide tips to help guide them through the forms.

Next time Aimee will discuss the I-829, the third and final petition, before she investigates why some regional centers fail, never giving investors a chance at I-829 approval and a green card.

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Dwight Cromie

Bill Friedl
Altek Media Group
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