After much discussion and anticipation, Indian EB-5 applicants now face retrogression as a reality. May 1, 2017 is their final action date. This means an Indian applicant cannot adjust their status to conditional permanent residency unless their priority date is earlier than May 1, 2017.
For those that may need reminding, a priority date is the date USCIS received an applicant’s I-526 filing. It essentially establishes an applicant’s place in line.
Retrogression is a complex subject and often prone to misinterpretation. That’s why Klasko Immigration Law Partners has written an illuminating Frequently Asked Questions article to answer several specific questions about the situation for Indians.
Some notable questions the law firm addresses are as follows:
Is an Indian-born citizen of another country still subject to retrogression? Yes, country of birth is what matters.
Can an Indian family with children born in another country use the children’s country of birth to avoid retrogression? No, the family is still subject to Indian retrogression.
Can a spouse born in another country help an Indian family? Yes, this is a case where a spouse’s country of birth can be used to avoid the Indian backlog.
Read the full answers to these questions and see others on the Klasko blog.
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