הבהרה ללא CBI - EB-5 שניות. 203(ב)(5) מקנה LPR בלבד (ללא אזרחות משקיעים)

תרחישים לדוגמה

התרחישים לדוגמה מוצגים באנגלית.

• No direct citizenship by investment exists. EB-5 leads to LPR only; citizenship requires subsequent naturalization after a 5-year LPR period, and Chinese nationals face significant EB-5 visa retrogression in the unreserved category.

  Under INA sec. 203(b)(5) = 8 USC sec. 1153(b)(5) as amended by EB5RIA (Pub. L. 117-103, Div. BB, eff. 15 Mar 2022), the EB-5 program confers only conditional-then-unconditional LPR — not citizenship. 'Citizenship by investment' as an immediate route does not exist in US law (no statute under U.S. Const. Art. I, sec. 8, cl. 4 provides it). Li Wei would need to: (1) invest $1,050,000 (standard) or $800,000 in a TEA; (2) create 10 full-time jobs; (3) receive conditional LPR via an approved I-526 (standalone) or I-526E (regional center, after the RC files I-956F) and I-485/immigrant visa; (4) file I-829 to remove conditions; (5) then wait at minimum 5 years as an LPR before filing N-400. For Chinese nationals, the unreserved EB-5 queue is subject to severe retrogression (per-country cap), potentially adding many years; a rural (20%) or high-unemployment (10%) set-aside investment could be materially faster to a visa but still yields only LPR. Counsel should give a realistic timeline and correct the 'CBI' premise.

• Tatiana is eligible to naturalize approximately 5 years after her conditional-LPR date (approximately 2030), assuming continuous residence, physical presence, and other INA sec. 316 requirements are met.

  Tatiana invested $800,000 in a TEA-designated regional-center project, meeting the EB5RIA threshold; her I-526E (Immigrant Petition by Regional Center Investor) was filed after the regional center's I-956F for the offering. Her 2025 I-526E approval and conditional LPR are consistent with EB5RIA. Under INA sec. 216A = 8 USC sec. 1186b she must file Form I-829 within the 90-day window before her 2-year conditional period expires (approximately 2027) to prove the investment and job creation. On I-829 approval she receives unconditional LPR. The 5-year naturalization clock under INA sec. 316(a) = 8 USC sec. 1427(a) runs from her CONDITIONAL-LPR date (approximately 2025), so she could file N-400 as early as ~2030 (or 90 days before, INA sec. 334). She must maintain continuous residence (no 6+ month absences without rebutting the sec. 316(b) presumption), accumulate 30 months of physical presence, and meet GMC, English, and civics requirements. The EB-5 investment plays no role in the naturalization decision itself.

• Fastest realistic path to naturalization is roughly 8-12 years from I-526 filing, subject to USCIS processing and the continuous-residence requirement; there is no faster 'investor citizenship' option.

  For investors from countries without EB-5 retrogression (Saudi Arabia currently has none), the chain is: (1) I-526 (Immigrant Petition by Standalone Investor) processing; (2) immigrant-visa issuance or I-485 adjustment; (3) conditional LPR under INA sec. 216A; (4) I-829 to remove conditions, filed ~21 months after conditional LPR, with conditional status auto-extended during pendency; (5) unconditional LPR; (6) the 5-year naturalization clock under INA sec. 316(a) = 8 USC sec. 1427(a), which runs from the conditional-LPR date (not from I-829 approval), so the I-829 and naturalization clocks overlap. Ahmed may file N-400 ~5 years after conditional LPR. Caveat: INA sec. 318 = 8 USC sec. 1429 bars naturalization while removal proceedings are pending; a denied I-829 that triggers removal would interrupt the path. Check the USCIS processing-times tool (egov.uscis.gov/processing-times) for current I-526/I-829/N-400 figures rather than relying on any promotional 'guaranteed citizenship in N years' claim. There is no investment-based shortcut.

• The brochure is inaccurate. EB-5 grants only conditional-then-unconditional LPR (a green card), never citizenship or a passport directly; a US passport follows only from naturalization years later, and Indian nationals face EB-5 retrogression in the unreserved category.

  The brochure conflates LPR with citizenship — exactly the fabrication this route exists to correct (US-ASSERT-071/072; scoping rule sec. 5.12). Under INA sec. 203(b)(5) = 8 USC sec. 1153(b)(5), EB-5 yields an immigrant visa leading to LPR, not citizenship; INA sec. 318 = 8 USC sec. 1429 makes LPR a non-waivable prerequisite to naturalization, and no provision lets capital substitute for the INA sec. 316 residence/physical-presence/GMC/English/civics/oath requirements (Art. I, sec. 8, cl. 4 reserves naturalization to Congress, which has enacted no investor-citizenship rule). Priya would receive a 2-year conditional green card (after I-526E, filed once the regional center files I-956F), then unconditional LPR via I-829, and could pursue a US passport only after naturalizing — at minimum 5 years of LPR later. The agent registering this offering must itself comply with Form I-956K promoter registration. Priya should disregard the 'passport in a few years' claim and obtain independent legal advice.