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When should an F-1 visa holder file the I-485?

I''m currently on F-1 visa and my parents are applying for the EB-5 visa. Shall I file I-485 right after the I-526 approval or maintain F-1 until my family''s landing? During this period, can I travel internationally?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    It is vital that you maintain legal status. It may be best to fly back to your home country and go through consulate processing together, and fly back to the United States with an EB-5 visa.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    In order for you to be able to file the I-485 application, the I-526 will have to be approved and your parents will have to file their I-485. You will be able to travel internationally once you receive your Advance Parole. If you have any additional questions, please do not hesitate to contact me.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Maintain your F-1 for as long as you can. You will not be eligible for adjustment of status without it, and the principal should obtain his or her immigrant visa and enter the United States as a lawful permanent resident before you file.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    You would need to file for the adjustment of status upon the principal''s entry as a U.S. resident. When you file for adjustment of status, you should receive an advance parole and with such you can travel.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It depends on whether you are the principal or a derivative. If a derivative, I would recommend maintaining you F-1 and flying back for the immigrant visa interview with your family and returning then as a conditional resident. If you are the principal, then the decision is more complicated. If you file the I-485 and your family is overseas, then their cases can't start until your I-485 is approved and requires an extra I-824 step.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You should file your I-485 right after the I-525 approval. As part of your I-485 application package, you should also file two applications: 1) Application for Employment Authorization Document, I-765 (work permit) which, if approved, will allow you to legally work; and 2)Application for Travel Document, Form I-131. Once your I-131 is approved, you will be able to travel internationally. Once your I-485 application is submitted, do not travel out of the United States until your Application for Travel Document, Form I-131 is approved. Otherwise, your pending I-485 will be treated as abandoned by U.S. Citizenship and Immigration Services (USCIS). Finally, until your I-485 is granted, make sure you maintain your F-1 by staying in school so as not to be out of status.

  • Avatar

    Philip H Teplen

    Immigration Attorney
    Answered on

    If your parents are the investor and they are doing consular processing, the best thing is for you to be included and have all processed at the time. This is much better than you waiting to file the I-485 after they obtain resident status. I will be happy to consult.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It may be advisable to file for the adjustment of status as soon as possible. You can also concurrently file for travel authorization in anticipation of adjusting to permanent resident status, but you will have to remain in the U.S. while that application is pending (travel authorization could be granted in 90 days, while adjustment may take several months).

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Your immigration lawyer should be able to guide you in this. Some attorneys may prefer to have the main investor/petitioner obtain the immigrant visa first before filing the I-485 for the derivative children. However, you could do both DS-260 and I-485 process concurrently. You should not travel after filing I-485 until you get your EAD and travel permit card.

  • Avatar

    Alexander Lebedinski

    Immigration Attorney
    Answered on

    If you qualify as a derivative of the EB-5 petition of your parents, you should file I-485 right after both the USCIS approves I-526 and the U.S. consulate approves your parents'' immigrant visa. You should file I-485 together with an Application for a Travel Document, I-131 and Application for Employment Authorization. You should not travel outside the U.S. after you file the I-485 until you receive your Green Card or a Travel Document, whichever comes first. We would be pleased to assist you with this process.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    If you are legally maintaining your F-1 status, and if during this time the I-526 Petition is approved, then you may apply for conditional permanent residency (CPR) by filing an I-485 application in the U.S. That is, you are applying for CPR while you are remaining in the U.S. At the same time you file your I-485 application you can also apply for permission to leave and legally return to the U.S. while your I-485 application is pending.

  • Avatar

    Gregory Romanovsky

    Immigration Attorney
    Answered on

    The key is for you to maintain your non-immigrant status until you can file the I-485 (after the I-526 approval).

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