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What are my options regarding entering the country before I receive an EB – 5 visa?

One option is to file the EB – 5 relatively soon, and simply come to the United States on a B – 2 visa and come and go whenever you would like. You and your family will pick up EB-5 visa at the US embassy. If the children want to stay in the US while waiting for the EB-5, they can apply to private school and you can get a B – 2 extension, which is commonly granted when applied for the first time. (That would allow you and your children and your spouse 12 months stay in United States.

We prefer this option for the reason that there will never be an issue with the embassy as you will always be following the requirements of a B – 2 visa (i.e. your children never took any public funds, you followed your B – 2 visa within the requirements of US CIS regulation, etc.)

You may have negative stories about people getting their permanent residency card at the embassy. However, once an EB – 5 has been approved by the USCIS and been approved at the National Visa Center, there should be no issue at the embassy as every aspect of the case has been approved prior except for security evaluations.

And that will not be an issue in your case since you have already have gone through the security evaluations because you and your family were previously issued B – 2 visas.

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Andrew P. Johnson - Immigration Lawyer