California Immigration Law Lawyers

(For Applicant In the United States, Residents of California)

            The I-526 petition is filed by the alien who has invested, or is actively in the process of investing, either $500,000.00 or $1,000,000.00, in a US business enterprise that will employ at least 10 workers. 

            Please read the instructions, attached to the petition, carefully to determine who can file the petition and what documents will be needed to meet the investment requirements. 

            The completed I-526 petition, together with filing fee, and supporting documentation should be mailed to the immigration service center in the United States that has jurisdiction over the petitioner’s place of residence.  A complete list of service centers is included on our web site.  A new regulation effective December 4, 1998 states that an immigrant investor petition should be filed with the Texas Service Center if the business is located, or will principally be doing business, in the areas previously covered by the Vermont and Texas Service Centers; and with the California Service Center if the business is located, or will principally be doing business, in the areas previously covered by the California and Nebraska Service Centers. 

            Note:  Whenever you mail any forms or documents to the immigration service, you should always do so by certified mail-return receipt requested, or by some form of express mail for which you can obtain proof of receipt.  This is very important in the event immigration loses your application.  In that event you can submit your proof of receipt, with evidence of payment, and you can reestablish your old priority date. 

             In addition to completing the application, it is very important to attach substantial documentation to establish the amount of the investment, from where the funds were obtained, and how many workers the business currently has, or will have within the next two years.  It is important that as much documentation as possible be submitted with the petition in order to avoid a request for additional evidence. 

            Once the petition is approved, notification will be sent to the applicant on immigration form I-797.  If the applicant is in the United States and eligible to file for adjustment of status, he or she should complete form I-485, together with the biographic information form, photographs, and a medical exam.  In addition, the applicant should attach a job offer from the US company indicating the amount of salary to be received, hours to be worked, etc., together with a copy of his or her birth certificate, passport, I-94, and a copy of the I-797 together with a copy of the same documents that were filed with form I-526.  If you desire employment authorization, you should also complete form I-765.  Note: If you are subject to Section 245(i) of the immigration act, you may also have to pay an additional penalty fee of $1,000.00. 

            The entire package should be sent to the immigration service center in the United States that has jurisdiction over the petitioner’s place of residence.  Please remember that if there are any accompanying family members, (spouse or unmarried child under the age of 21), a separate package of each of the above documents (except the I-526) must also be sent.  You must also enclose the appropriate filing fees for each applicant. 

            Once the application is properly filed, the Immigration Service will issue a temporary work authorization, and will schedule the alien(s) to have his or her fingerprints taken at a local immigration support center. After the case has been reviewed by an immigration officer, it will most likely be approved without an interview.  In some cases however, an interview may be scheduled at the immigration office closest to the alien’s place of residence in the United States.  The time frame for issuing work authorization and scheduling the appointment varies with each immigration office. 

            When the case is approved, the immigration service will send notification to the alien(s) to appear at the local immigration office with a valid passport and identification.  At that time a temporary resident stamp will be placed in the applicant’s passport (and family members if any) which will constitute evidence of permanent residence status and work authorization, until the alien card arrives in the mail.  It usually takes 3-6 months to receive the alien card, but during this period the person is entitled to all the rights of a permanent resident including the right to work, travel, attend school, petition for qualifying family members, etc.

(For Applicant Outside the United States)

            The I-526 petition is filed by the alien who has invested, or is actively in the process of investing, either $500,000.00 or $1,000,000.00, in a US business enterprise that will employ at least 10 workers. 

            Please read the instructions, attached to the petition, carefully to determine who can file the petition and what documents will be needed to meet the investment requirements. 

            The completed I-526 petition, together with filing fee, and supporting documentation should be mailed to the immigration service center in the United States that has jurisdiction over the petitioner’s place of residence.  A complete list of service centers is included in the attached materials. .  A new regulation effective December 4, 1998 states that an immigrant investor petition should be filed with the Texas Service Center if the business is located, or will principally be doing business, in the areas previously covered by the Vermont and Texas Service Centers; and with the California Service Center if the business is located, or will principally be doing business, in the areas previously covered by the California and Nebraska Service Centers. 

            Note:  Whenever you mail any forms or documents to the immigration service, you should always do so by certified mail-return receipt requested, or by some form of express mail for which you can obtain proof of receipt.  This is very important in the event immigration loses your application.  In that event you can submit your proof of receipt, with evidence of payment, and you can reestablish your old priority date. 

            In addition to completing the application, it is very important to attach substantial documentation to establish the amount of the investment, from where the funds were obtained, and how many workers the business currently has, or will have within the next two years.  It is important that as much documentation as possible be submitted with the petition in order to avoid a request for additional evidence.           

Once the petition is approved, the immigration service will send the petitioner form I-797, Notice of Action on an application or petition. The original approved petition is sent to the National Visa Center in New Hampshire.  The NVC will then send a form entitled Choice of Address and Agent for Immigrant Visa Applicants (DS-3032) to the principal beneficiary of the immigrant visa petition.  The DS-3032 will allow the beneficiary to designate an address and agent (typically a relative or attorney based in the U.S.) to which the NVC should direct future communications.  Once this form is returned to the NVC, packet 3 (Application for Immigrant Visa and Alien Registration—Part I) will be sent to the designated person.  Packet 3 is completed and then sent to the consulate where the beneficiary will apply for an immigrant (permanent resident) visa.  At that time, packet 4 (Application for Immigrant Visa and Alien Registration—Part II) is completed by the beneficiary(s) and presented at the time of the final consular appointment.

            Please remember that if there are any accompanying family members, (spouse or unmarried child under the age of 21), a separate package of each of the above documents (except the I-526) must also be sent.  You must also submit the appropriate filing fees for each applicant at the time of the consular interview. 

            Following the consular interview, an immigrant visa package will be given to each applicant.  They then have up to six (6) months to enter the United States with their immigrant visas.  Note:  The accompanying family members may not enter the United States prior to the principal applicant.  

At the time of entry to the US a temporary resident stamp will be placed in the applicant’s passport (and family members if any) which will constitute evidence of permanent residence status and work authorization, until the alien card arrives in the mail.  It usually takes 3-6 months to receive the alien card, but during this period the person is entitled to all the rights of a permanent resident including the right to work, travel, attend school, petition for qualifying family members, etc.

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