Investors considering the EB-5 program should be cautious about potential pitfalls that could affect their application for U.S. permanent residency, such as filing at the wrong time. The concept of “immigrant intent” is crucial for applicants to understand, as U.S. immigration authorities may question the intentions of non-immigrant visa holders who later decide to apply for permanent residency. Dual- and single-intent visas play a role in this discussion, with dual-intent visas allowing for simultaneous holding of a non-immigrant visa and permanent residency application to avoid potential issues.
Another important consideration for EB-5 investors is the 90-day rule, which aims to assess a person’s intent regarding immigration matters within the first 90 days of entering the U.S. The rule is primarily used by the Department of State, while USCIS has a different approach. It is crucial for individuals in non-immigrant visa status to seek guidance from immigration attorneys before applying for permanent residency to navigate potential problems related to immigrant intent.
Under the 90-day rule, the burden of proof falls on the visa applicant to demonstrate their intent, meaning EB-5 investors must be diligent in providing evidence of their intentions when applying for U.S. permanent residency. Showing ties to their home country and when they severed those ties may help in proving their intent to return after their initial visit to the U.S. Seeking advice from experienced professionals throughout the application process can increase the chances of success and avoid any pitfalls that could lead to visa application denial.
In conclusion, understanding the rules and regulations surrounding the timing and intent of permanent residency applications is crucial for EB-5 investors to avoid potential issues. Making mistakes in these areas could result in visa denial or other serious consequences. Seeking guidance from legal professionals and experienced EB-5 professionals can help investors navigate the complexities of the immigration process and increase the likelihood of a successful application.
