New USCIS Policy Guidance!
November 4, 2011 4 Comments
The USCIS Office of Public Engagement has just emailed an invitation to a teleconference next week 11/9 (1 pm EST) to chat with Director Mayorkas about “new USCIS policy guidance on the EB-5 Immigrant Investor Program”. Could this be the comprehensive guidance memo promised in this summer’s stakeholder meetings? I’m so excited! I’ll post links to the invite and the new guidance as soon as they’re posted on the USCIS website.
11/9 Update: here is the Draft Policy Memo.
EB-5 Updates 
WOW!!!
Thank you so much for keeping us informed. Now lets hope USCIS tells us good news.
Ray
Hi Suzanne,
I read your posts recently and think you are really good at this area! Thank you so much for all the updates and information. I am a potential EB5 investor, I have a question and wondering if you know the answer?
I am on B2 visa and have a child studing at new york. If my B2 only have 6 months; I fear it will expire when my I526 is pending. But someone told me if I go back to my country and apply for B2 extension I will be denied such a B2 visa (because I already filed my I526). Does that mean I cannot go out of the country when I526 is pending? In other words, can US embassey still issue B2 visa (non-immigrate visa) to me even if they know I applied for I526 (immigrate visa)?
Thank you so much!!!
–Joy
Thank you for your comment on my blog. I’m sorry that my expertise doesn’t extend to the logistics of changing from one visa category to another, and I don’t know the answer to your question. You can ask attorneys what are the rules for this case, and might also post your question on immigrant message boards to learn from the experience of others in a similar situation.
Hi Joy,
The advice you got regarding a B-2 extension after filing your I-526 is correct. If you go back to your country after you have filed your form I-526, you cannot be admitted (and should NOT apply) on a B-2 visa. The reason for this is that when you apply for a B-2 visa, you are asking to enter the U.S. as a visitor/*non-immigrant*, and telling USCIS that you intend to return to your country.
If you have already filed a form I-526, which is an application for an *immigrant* visa, you cannot apply and re-enter on a non-immigrant visa. Not only would your visa likely be denied, but it could create serious problems if USCIS determines that you made false representations in order to enter the US on a nonimmigrant visa, intending to immigrate.
You should speak with an immigration attorney before taking further action.