EB5 Investors Magazine Volume 7, Issue 1 - Page 62

EB5 INVESTORS M AGAZINE 60 within 30 days, but that is not always the case. If there is either a delay in the issuance or not all the family members’ fee bills have been received, a follow-up with the NVC will be required, which can delay the process. It’s good to be proactive in contacting the NVC once the 30 days has passed since the approval of the I-526 petition, as this can save potentially weeks or months to the overall consular processing timeline. Payment of the NVC fee bills can be completed online. The primary focus of the consular process and visa interview is the admissibility of the EB-5 investor and his or her dependents. 2 Prior to making the EB-5 investment and again prior to the consular interview, the investor and his or her immigration counsel must discuss the personal immigration and criminal history (if any). The most common grounds of inadmissibility include: health-related grounds, prior criminal history, security terror-related grounds, fraud and material misrepresentation, and alien smuggling. 3 The EB-5 investor must be familiar with the contents of the I-526 petition, as the consular officer may ask questions about either the EB-5 investment project or the investor’s source of funds. The consular officer may engage in these lines of questioning to determine if there was any fraud or misrepresentation associated with the I-526 petition, not a re-adjudication of said petition. Therefore, in preparation for the consular interview, the EB-5 investor should review the EB-5 investment project’s business plan and the source of funds documents. If an EB-5 investor is unable to attend the scheduled consular interview, then it must be rescheduled per the consulate’s specific instructions. However, the EB-5 investor and family should make all reasonable efforts to attend the interview as scheduled. If the consular interview must be rescheduled, this will add weeks or months onto the overall consular processing timeline. THE CONSULAR INTERVIEW WHY THE NON-IMMIGRANT VISA HISTORY STILL MATTERS The EB-5 investor and their dependents must be prepared to discuss their past U.S. immigration history. Recently, U.S. state and federal government agencies have made a coordinated effort to better detect and eliminate visa fraud. 4,5 A direct impact of these collaborative efforts is that prior information provided on visa applications may be used to compare