The U.S. Citizenship and Immigration Services (USCIS) is the primary agency to be contacted incase you want to apply for an EB – 5 visa. This agency is under the direct supervision of the Department of Homeland Security. The USCIS California Service Centre is responsible for all the procedures for the applications applied for the regional centre designations and petitions from the investors.
After investing the money with the regional centre program, the procedure for immigration would start by filing an application with the California Service Centre (CSC). Your application would then be assessed to see whether the project would suffice the creation of jobs within the conditional permanent residence of two years. The mode of funds acquirement would also be looked into. The application known as I – 526 petition would be approved if the desired proof has been submitted regarding the legality of the source.
Post approval of I – 526 petition, if the investor is residing outside the US, he is permitted to the complete rest of the formalities for his visa. This would be done in the US Consulate of the immigrant’s country of origin. These consulates are run by the Department of State which is responsible for the collection of all the documents. This is done by the National Visa Centre for the Department of State which is then sent to the Consulate for the final processing.
However, if the investor and his family are living in the US under the long – term non immigrant visa, they have the liberty to apply for the adjustment of status to the USCIC CSC. The mandatory documents have to be submitted. These include medical certificates and fingerprint and name based background checks in the databases of the FBI and the CIA. This procedure also involves applicants seeking a work authorization and a travel document which would allow them to move in and out of the country.
On the other hand, it has to be noted very clearly that the permanent residence is conditional is only permitted for 2 years. In the last 90 days, an I – 829 petition has to be filed by the immigrant to nullify the condition from permanent residence. This petition is assessed by the CSC to check whether the objectives of the project have been met or not. It is also seen whether or not the investor has removed his investment from the regional centre program. The immigrant and his family members should not have indulged in any form of criminal activity.
After the approval of the I – 829 petition, a permanent resident card is awarded to the candidate which is valid for 10 years. Here, he has the choice to either apply for a Green Card or be a permanent resident. Also, after 5 years, he can apply for a citizenship.
To know more, contact an Immigration and Visa veteran since he is the specialist in this arena and would be updated with all the latest in this field.
