[Authoritative Explanation by Worldway-Affiliated Attorneys] Frequently Asked Questions Regarding EB-5 Green Card Applicant Visa Retrogression

 

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Editor's Note: The U.S. Department of State Visa Office released the latest visa bulletin on April 13. What are the common questions or concerns faced by EB-5 green card applicants regarding the latest retrogression? How should applicants handle and address these common issues? At the invitation of Worldway, authoritative attorneys from our partner, the Greenberg Traurig law firm, have provided detailed and professional answers to the frequently asked questions regarding visa retrogression for Chinese EB-5 green card applicants. The Worldway official website is now publishing these professional responses as follows:

As is well known, starting from May 1, 2015, Chinese EB-5 immigrant visa applications will face retrogression. In the following text, we will answer the questions we have received since the announcement of the retrogression.

1. If my I-526 has already been approved, but my children might age out, how should I handle this? For immigration purposes, what can I do to keep my children's age from advancing?

The Department of State has issued guidance. According to the Child Status Protection Act (CSPA), the following methods can be used to "freeze" a child's age:

· Submit a DS-260 application;

· Pay the visa fee;

· Submit a DS-230 application to the National Visa Center.

Please note that the aforementioned practice of "freezing" a child's age is only valid within the scope of the Child Status Protection Act. Therefore, the most time-saving and effective method is to pay the visa fee with a cashier's check immediately upon receiving the I-526 notification. Everyone who received an I-526 approval notice before May 1, 2015, will receive a visa fee bill, and therefore they all have the opportunity to "freeze" their children's age.

2. If my I-526 application was approved on or before April 30, 2015, but I have not yet received a visa fee bill, how should I handle this?

Charles Oppenheim, Chief of the Visa Control and Reporting Division at the U.S. Department of State, pointed out at the "Invest in the USA" conference that all visa fee bills for I-526 applications approved in April 2015 will be mailed out. Therefore, if your children might age out, please contact us immediately. For immigration application purposes, we will take measures to try to keep the children's age from advancing.

3. If my I-526 application is approved after April 30, 2015, how should I handle this?

You will face retrogression. After your I-526 is approved, you must regularly check the Department of State's Visa Bulletin every month to determine if your priority date has become current.

4. If I received a visa fee bill, but my beneficiary applicant did not, how should I handle this?

We will send the cashier's check to the National Visa Center via registered mail, using the case number on your visa fee bill to pay the visa fees for you and your beneficiary applicant.

5. I have submitted the DS-260 application and paid the visa fee; what should I do next?

In this case, your application will be counted toward the annual visa quota. You will be scheduled for a visa interview at the Guangzhou Consulate. If you have not received an immigrant visa interview notice, we will continue to contact the National Visa Center to ensure an interview is scheduled for you. We look forward to the Department of State contacting us regarding your status.

6. I am residing in the United States with legal status, but I have not yet submitted an adjustment of status application after my I-526 was approved. Can I submit an adjustment of status application after May 1, 2015?

No. You need to check the Department of State's Visa Bulletin every month to determine if your priority date has become current.

7. I am residing in the United States with legal status and my I-526 has been approved. I submitted an adjustment of status application before May 1, 2015. What is my current status? Can I continue to reside, work, and travel in the United States? Can I renew my Advance Parole and Employment Authorization Document?

Yes. As long as your adjustment of status application has been submitted, you can continue to stay in the United States and renew your Advance Parole and Employment Authorization Document. USCIS will hold the case and will not adjudicate your adjustment of status application until your priority date becomes current.

8. After May 1, 2015, how do I check my priority date?

The Department of State publishes a Visa Bulletin on its website every month. In addition, there is a "Priority Date Checker" feature on the Department of State's website. After you enter your information, it will automatically query the visa cut-off date applicable to you.

9. Due to the occurrence of retrogression, how long will I have to wait?

The visa cut-off date set for May 1, 2015, is May 1, 2013. If an applicant's I-526 is approved on May 1, 2015, it means a wait of approximately 2 years. According to the Department of State's bulletin, we estimate that the waiting time will become longer and longer, possibly 3 years or more.

10. Affected by the retrogression, how long do you estimate the wait will be on October 1, 2015, which is the start of the U.S. government's 2016 fiscal year?

We estimate that the wait will still be two years at that time, and it may increase to three years or more.

11. If I can apply using the country of birth of my spouse who was not born in mainland China, can my children do the same?

Yes.

As a leading institution in the U.S. investment immigration industry, for 18 years, Worldway Immigration Group has adhered to the corporate values of "Seeking character first, then excellence; integrity as the foundation, customers as the priority," and is committed to the value philosophy of providing clients with selected projects and being responsible to them. We have helped tens of thousands of families successfully immigrate overseas, opening the door to a new life for our vast number of clients.

Worldway has always maintained close contact with law firms that file petitions with the U.S. Citizenship and Immigration Services (USCIS) and has provided timely and authoritative analysis and forecasts on U.S. investment immigration policies and the latest trends. On April 3, the Worldway official website released in advance the professional interpretation of immigration visa retrogression issues by senior attorneys from the Greenberg Traurig law firm and senior U.S. EB-5 expert attorneys (Article link: http://www.worldwayhk.com/news/5325.html), once again proving Worldway's forward-looking, predictive, and authoritative understanding of EB-5. On April 14, the Worldway official website, in conjunction with the Greenberg Traurig law firm, issued another article providing a professional interpretation of the latest visa bulletin (Article link: http://www.worldwayhk.com/usa/2055.html). Today, Worldway has once again joined forces with the GT law firm to conduct a more professional, in-depth, and thorough analysis and explanation of the frequently asked questions regarding visa retrogression for Chinese EB-5 green card applicants.

Worldway's warm reminder: Worldway will continue to join hands with the GT law firm to provide you with the latest information on U.S. investment immigration from the U.S. Department of State and USCIS as always. Regarding the retrogression issue, Worldway will continue to pay close attention and provide professional answers through our official company website and various official channels such as WeChat. If applicants or investors have any questions or concerns regarding EB-5 retrogression, you can follow Worldway's official channels or contact Worldway consultants and customer service. Worldway will certainly provide you with the most authoritative, detailed, professional, and satisfactory answers and services. Consultation Hotline: 400-138-2929