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Immigration Q&A - July 19, 2009
Q1: EB5 Investment Based Green Card
How long does it take to get a green card through the EB5 program? As long as I make the required investment, the visa is guaranteed, right? I also read that the EB5 program will end soon, is that true?
Current processing times are about 4-6 months for both Form I-526 and Form I-829. According to USCIS figures, there were 692 EB5 cases filed from October 2008 through May 2009 and 608 were approved so your chances are good but not guaranteed. There are many factors which can lead to a denial so you must be sure to prepare your application very thoroughly. The EB5 program is scheduled to sunset September 30, 2009. It is widely expected that the program will be extended but because applications are taking 4-6 months to get approved and September 30 is only 2 months away, we are recommending our clients wait until the program is extended before filing any new applications.
Q2: Travel After Asylum Approval
My asylum was approved in 2007 and I want to travel. My old passport is still valid but I heard I shouldn’t use it. If I don’t use the passport, how can I travel?
Definitely do not travel on your old passport. Using the passport may cause your asylee status to be revoked and you may be unable to obtain permanent residency or US citizenship when you are otherwise able to apply. The USCIS offers a refugee travel document which may be used in place of a passport for asylee travel. Be sure to obtain the document before traveling and do not return to your home country.
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