If I submit an application by the end of the year, as an Australian-born applicant, what kind of timeline might I be facing? Please advise.
Answers
A Olusanjo Omoniyi
Immigration Attorneys DirectoryThere is no retrogression for Australian investors. They can file for an immigrant visa as soon as their I-526 is approved. However, currently the I-526 waiting time is at least well over 24 months.
Julia Roussinova
Immigration Attorneys DirectoryThere is no immigrant visa backlog for Australians. Regular average processing times for I-526 petitions apply to everyone, which is about two years.
Phuong Le
Immigration Attorneys DirectoryNo retrogression for Australia. Just I-526 processing time.
Salvatore Picataggio
Immigration Attorneys DirectoryAll applicants have the same processing time for the I-526 petition (which is usually around two years, even with USCIS now estimating up to 49 months). Only Chinese, Vietnamese and now Indian applicants will have additional waiting times to apply for the green card. Australians and everyone else can apply for a green card as soon as their I-526 petition is approved.
BoBi Ahn
Immigration Attorneys DirectoryFor the EB-5 category, Australian nationals are not subject to a priority date or wait times. Only nationals of certain countries are subject to wait times due to the number of applicants from those countries (i.e., China, India and Vietnam).
Charles Foster
Immigration Attorneys DirectoryCurrently, for Australian nationals, there's absolutely no backlog under the quota and none anticipated. However, if you file your EB-5 petition on Form I-526 with U.S. Citizenship & Immigration Services, it may take a year or longer before the USCIS will adjudicate same. If you're abroad, you would then have to submit appropriate documentation to the National Visa Center before you could be scheduled for your final interview at the appropriate American consulate in Australia. Altogether, it could easily take two years to go through the adjudication process and three separate U.S. agencies.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryBased on current adjudication times we would guestimate the case should take about two to three years if you decide to process your green card through the U.S. consulate in Sydney.
Dale Schwartz
Immigration Attorneys DirectoryThe wait for Australia on EB-5 approvals and visa availability is the same as most countries (with the exception of China and a few other countries which have used up all their EB-5 visa numbers). Right now USCIS is taking between 24 to 28 months to approve most cases. Hopefully they will cut down that time in the future. I remember when it took a month to get an approval!
Belma Demirovic Chinchoy
Immigration Attorneys DirectoryAustralians do not have a backlog. Depending on the project and your personal background, you can expect a decision on the I-526 within 18-plus months. Check the processing timelines at the time of filing.
Marko Issever
EB-5 Broker DealersOther than mainland China- and Vietnam-born applicants, everybody else is processing currently right now. India-born applicants will most likely face some retrogression soon as well. For an Australian-born applicant like yourself, according to USCIS website you could expect, 29 to 45 months for the I-526 approval. After that, you are probably looking for another 6 to 12 months depending on whether you will go the consular processing route through filing DS-260 or domestic filing through I-485. The processing times are showing quite a long range there as well, but hopefully it should not take you more than an additional 12 months for the this adjustment of status phase. So, all in all you should give yourself three to 3.5 years to obtain the conditional green card. This is of course much longer than we are used to. If the processing times gets shorter in the next couple of years, hopefully you will be pleasantly surprised and get your conditional green card sooner.
Lynne Feldman
Immigration Attorneys DirectoryDepends on which regional center you use. Once the I-526 is approved the priority date will be current for Australians, but the first stage, I-526, is taking more that two years for most regional centers.
Mitch Wexler
Immigration Attorneys DirectoryAustralia is not close to hitting the annual per-country EB-5 allotment, which is about 700. So, there should be no quota-related delays (retrogression). However, currently, USCIS is posting a processing time for the EB-5 petitions at two to four or so years. That said, it may take a shorter or longer period of time. You can expect an interview to be arranged at the U.S. consulate four to six months later.
Vaughan de Kirby
Immigration Attorneys DirectoryEB-5 is current for Australians. This means that if you were approved you could immediately proceed with the green card process. However, the processing times for the initial EB-5 application have ballooned to up to 45 months. However, we hope this is a temporary situation with USCIS.
Mark AM Catam, Esq
Immigration Attorneys DirectoryYou are looking at on average 29 months to get your I-526 adjudicated. Thereafter, another six to eight months to process the visa at the consulate (if you are abroad). So in total, you are looking at about three years as a best estimate. I-526 processing can sometimes take upwards of 30 to 35 months.
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