Oftentimes clients are unsure where to start and how long the immigration process takes. At Barst Mukamal & Kleiner LLP Attorneys at Law, will walk you through the immigration process step by step. Each case is unique to the EB5 investor, as a general estimation, the process to achieve a green card takes approximately 18 months. Each step requires specific information that must be processed in the correct order at the appropriate time: source of funding, consular interview, I- 526 petition, form I-829, and green card requirements.
One Step at a Time
The first step is to work with the team at BMK LLP to discover what the right investment for you would be. This step can take longer than you might expect. A foreign investor typically has some barriers to entry, but with our hundreds of legal connections and over a dozen languages spoken, we can move you through this process gracefully. This step can take a few months.
Once you’re ready to move forward, we help you to get an approved, legal source of funds. An EB5 investor may not understand what documents to provide, and giving unqualified information can risk losing your project. Once approved, we prepare your I-526 petition to be reviewed by the United States Citizenship and Immigration Services (USCIS). This can take five to nine months (or more).
The next step in the immigration visa process involves the EB5 petitioner engaging in the consular interview, either in the United States or at their embassy. The time period to move through this stage depends on where you take the interview, if your answers qualify you for approval, and the number of interviews the USCIS is processing, typically you can expect to wait three to eight months.
After successfully meeting the previous requirements, a conditional green card is then bestowed upon the EB5 investor and he/she can live in the United States with a spouse and unmarried children under 21. At about the two year mark, to lift the conditions on the green card, the EB5 investor must meet certain criteria. They must show evidence that 10 new jobs were created through their project, that the commercial enterprise was in the targeted employment area, and that the EB5 investor is actively participating in the project. This part of the process known as the form I-829 and takes about nine months.
Immigration Reform Means Foreign Investors Can Earn a US Green Card in 18 Months
The nuances of the EB5 journey should be carefully managed by a professional legal team like BMK LLP who has been operating since 1930. Move through the process with a team that has successfully served thousands of clients in need of legal counsel with more than 12 languages. Contact us today with your questions, or call (646) 679-4980.