Published on Lawyers.com and the Epoch Times on April 7, 2017
Q & A.
Am I Eligible for Applying I-485?
I am an EB5 petitioner with priority date of Aug. 12, 2013. My I526 was proved on Oct. 2015 but I was told my petition would be reassessed during my visa interview this July. It has been 8 months after the interview and we haven't got any news about my case. I have been living in the U.S. for 3 months. Am I eligible for applying I-485 or is there any way to get my case expedited?
Mr. Lee answers:
The problem with an I-485 application at this stage (assuming that there is no ineligibility) may be the question of your intent in entering the US. If you came on a visiting visa, a U.S.C.I.S. officer may feel that you abused it in gaining entry to the US when your true intent was to immigrate – especially as you already had a case pending for immigration with the US Consulate. So you may be eligible to file for an I-485, but may find it problematic. For cases which are "stuck" at a US consulate, there are no great ways to expedite although constant communication with the consulate, lawyer's assistance, contact with the visa office in Washington, and/or congressional assistance may be helpful as long as the petition has not been sent back to USCIS.
How Long Does It Take for CSPA Review at NVC?
My priority date is current already. Should I send a letter to them about the review to make it faster?
Mr. Lee answers:
When the priority date is current, CSPA review at the NVC is fairly quick. Your sending a letter would be recommended to remind the NVC of your CSPA concerns.
Is My Immigration Process Out-of Reliability Because I Worked Abroad Few Days?
I have got a job in a company that have relations with Brazil (which is very understandable because I'm the only one that speaks Portuguese in here) So I've traveled to Brasil 3 times this year for work matter and now I want to spend the new years ( 1 week ) with my mom that it's really sick and old. 1st time: 4 days -> 9th April to 12th April 2nd time: 3 weeks -> July 3rd July - 27th July 3rd time: 2 weeks -> 9th October - 26th October Since I have applied to remove conditions in July and receive the one-year-extension-letter on 8th August and I have not receive any biometrics appointment letter. Should I be scared? Should I go to Brazil to visit my mom anyways? Is my process out-of reliability because I worked abroad few days? I make really good money and I'm not willing to change my job. Is there any action that I must do in order to improve my process reliability?
Mr. Lee answers:
I assume that the conditional green card is on account of marriage and not EB-5 investment. When you pay the fee properly for the I-751 application to remove the conditional basis of conditional residence, you can expect a normal process of fee receipt and biometrics. If you have not yet received a notice for biometrics, you should call the National Customer Service Center (NCSC) (1-800) 375-5283 and ask what happened. Travels outside the US for short periods of time, especially to visit an old and sick parent, should not affect the progress of your case. Working abroad for a few days likewise should have no effect. As I further assume that you are applying based upon a joint filing with your spouse, you might wish to take him or her with you on your travels to further prove that you have a bona fide marriage.