EB-5 is a United States immigrant investor program that offers citizens of other countries the opportunity to seek permanent U.S. residency through an investment that creates jobs in the U.S.   

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*This information is not an offer of securities, or a solicitation of an offer to purchase securities. Offers of securities for this investment will be made solely by Confidential Private Offering Memorandum for this Offering (the “Offering Memorandum”) to qualified individuals.
*Offerings of the securities for this investment are made solely pursuant to the terms of the Offering Memorandum, which includes a detailed description of the terms of the offering, the Project and the risks of investment in the Offering. Investors must review the entire Offering Memorandum before making any investment decision to invest in this Project, and must rely solely upon the terms set forth in the Offering Memorandum with regard to their decision to invest in this Project. Any information provided outside of the Offering Memorandum should not be relied upon in making any investment decision, including the summary information provided for convenience on this website.
*Prior to the sale of any security to any investor currently living in the U.S. or visiting the U.S., the issuer will require such investors in the offering to provide information necessary to verify that such investors qualify as an accredited investor, as required under SEC Rule 506(c).
*Past I-526 petition processing times for this Project do not guarantee that USCIS will adjudicate any specific I-526 petitions for this Project within any specific period of time. Prospective investors must consult with their personal immigration attorney to understand fully the requirements, risks and processing requirements for any investment in an EB-5 project.
*An investment in this Project involves a high degree of risk of loss of the investment, as described in further detail in the Offering Memorandum. Investors should not invest in this Project unless they can bear the potential for the loss of some or all of their investment. There can be no assurance that any investor in this Project will receive approval of their I-526 petition or the return of their investment in this Project. Investors must review the Offering Memorandum to obtain further information regarding the risks of investment.
applicants had a rejected I-526 due to administrative error unrelated to the project
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Guide to USCIS Processing Times

U.S. Citizenship and Immigration Services (USCIS) has a history of providing immigration benefit application processing time estimates that are significantly shorter than the time needed to process those applications. In March 2018, USCIS introduced a program to resolve the problem.

This new program changes how USCIS estimates processing times for the most common immigration benefit applications, such as those for citizenship and green cards. Having a green card(formally known as a Permanent Resident Card), allows you to live and work permanently in the United States.

While the estimates are more accurate for these application types, there are still some issues. The program hasn’t yet been extended to other, less common types of petitions and immigration benefit applications.

The accuracy of USCIS processing times is especially important because of a substantial backlog of applications. Inaccurate estimates could lead to numerous application status inquiries flooding into congressional and USCIS offices, worsening the backlog.

In this guide, we’ll discuss how the USCIS estimates its processing time and list some concerns about the accuracy of these estimates.

USCIS Processing Estimates Change for Certain Immigration Forms

Near the end of 2016, USCIS assembled a committee to address historic criticisms that the agency substantially underestimates the time required to complete immigration cases. In response to these concerns, USCIS implemented its new program to make those estimates more accurate. It includes new automated technologies to improve estimates of processing times for immigration applications.

  • Application for Naturalization (N-400)

  • Application to Replace Permanent Resident Card (I-90)

  • Application to Register Permanent Residence or Adjust Status (I-485)

  • Petition to Remove Conditions on Residence (I-751)

Time ranges are now offered for immigration applications. Time ranges are based on cases completed in the previous month, with the bottom of the range showing the time needed to close 50% of cases and the top of the range showing the time required to close 93% of cases.

Time range estimates are still broad. For instance, as of mid-2018, an I-485 application for a family status adjustment filed with the USCIS field office in Albuquerque, N.M., could take anywhere from almost 11 months to nearly two years. An I-485 for employment through California’s Service Center could take anywhere from 10 months to nearly three years to process.

How Long Does it Take to Get a Green Card?

The process to become a legal permanent U.S. resident is often long, stressful and expensive. But there’s no real way to circumvent the process. While there are very few options to make things go faster, it’s helpful to understand the requirements and how long it may take.

It might take seven months to almost three years to process a green card application. The time required depends on the type of green card being requested, the processing facility used and other factors. Working with an experienced immigration attorney is one of the best tools you have to minimize the time required to process an application.

Another option that can minimize your time to a Green Card if you are applying through the EB-5 program is availing yourself of special USCIS approvals like the Appalachian EB-5 Regional Center’s expedited processing approval from USCIS for the i-526 filings of Tryon Project investors.

Which Immigration Form Should I Use?

While there are several immigration forms that cover different situations, there are two main types of forms:

  • Petition forms. Here, someone files a form requesting certain benefits (those associated with an immigrant or non-immigrant status) on another person’s behalf. Beneficiaries are typically distinct from petitioners, but there are a few self-petition form categories. Choose these forms carefully because they are the least likely to be approved and some are under strict quotas.
  • Application forms. These forms are related to an entrance into the U.S., leaving for the U.S., and permission to work within the country. Benefits sought through these forms are typically governed by clearer guidelines, which means they are a better choice for those who need a degree of certainty in the application process.

Additionally, there are affidavits (like an I-34 or Affidavit of Support), verification forms (such as employee eligibility forms), and request forms (like I-907s or requests for premium processing services). Your experienced immigration attorney can recommend the right form for your situation.

Can You Live in the U.S. While Waiting for a Green Card?

An immigrant whose green card application (for conditional or permanent residence) is pending may remain in the United States until USCIS makes a decision. To avoid legal trouble, though, it’s crucial to determine whether the application is pending.

It’s not enough to have an employer or family member start the process by filing an I-130 or I-140 petition. That only allows the sponsor or petitioner to establish a relationship between themselves and the immigrant.

Depending on the category in which you have applied for a green card, you may need to wait several years for visa availability. Spending any of that time living in the U.S. illegally may jeopardize your chances of receiving a green card, and it puts you at risk of being deported by the Department of Homeland Security.

Only when an immigrant files forms to apply for legal permanent residence can they claim to have a pending application for a green card.

You should make sure you are crystal clear on the rules and discuss your precise situation with your experienced immigration attorney to avoid running afoul of any of these rules.

How Do I Know Which USCIS Office Will Process My Immigration Application?

USCIS petitions and applications are processed by one of five service centers. Each service center specializes in certain petition and application types. Determining which center will process a petition or application is a two-step process:

  • First, you will need to find out which service centers process the type of petition or application you plan to file.

  • Once you have found the right service centers, it’s time to identify the center with jurisdiction over petitions and applications coming from your state of residence. The center with jurisdiction may not be the closest one.

If you plan to file a USCIS petition or application, you should always consult with an experienced immigration attorney.

Can You Speed Up the Green Card Process?

There are limited options to speed up the process of obtaining a green card.  And, in most cases, it will take longer than you’d like. Avoid the following surprises with some advance research:

  • Bureaucratic backlogs in certain application categories. Processing times can usually be checked online. For instance, if you are applying to USCIS, the agency website’s Check Case Processing Times section will provide the average wait time for certain applications. (1) If you already have an application receipt, the Case Status Online page can provide additional information. (2)

  • Annual limits affecting visa availability in certain categories. If, for instance, you are requesting a family-based visa and aren’t related to a U.S. citizen, you’re in a preference category for which an annual quota applies.

Once you learn about the reasons for immigration delays, it’s easier to determine if an application has fallen behind. At that time, it would be best to contact the entity handling the application and inquire as to its status, or ask your immigration lawyer to do so.

Can a US Citizen Sponsor a Friend for a Green Card?

Though only family members can petition for another person’s green card or visa, it is possible to be a friend’s financial sponsor via Form I-864 (an Affidavit of Support). (3) The form should be filed after the immigrant has set up an interview with an officer at the US Consulate or Embassy.

If the person is already in the US and needs a sponsor for an adjustment to permanent resident status, file the form when they submit the application. Before making the commitment, it’s important for the sponsor to understand what he or she is signing up for. Financial sponsors must guarantee that the immigrant will have enough financial support to avoid going into a public assistance program. The commitment will last until the person becomes a naturalized citizen or pays into the Social Security system for ten years.

Long and Frustrating Process

Applying for a visa or green card can be a long and frustrating process, but an experienced immigration attorney can help you cut through the bureaucratic red tape and complete the application as quickly as possible.  If you are applying through the EB-5 program, you should also consider availing yourself of the Appalachian Regional Center’s expedited processing approval from USCIS for the i-526 filings of Tryon Project investors.