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How does an F-1 student visa holder file for their EB-5 immigrant visa once the I-526 is approved?

I am a dependent of an EB-5 investor who is currently in the United States on an F-1 student visa. After the approval of I-526, will my parents file from our country of residence for an immigrant visa while I file an I-485 from the U.S., or will I need to return to my country of residence to file for an immigrant visa?

Answers

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Once the I-526 is approved, your parents may file the Immigrant visa application for all of you together, and you could fly out to be interviewed with them when they have an interview scheduled. If you cannot do that, then once they get their Immigrant visa and enter the U.S., you could file your I-485 as a derivative of the permanent resident using their Alien number (A number). This is a relatively simple immigration process through which your lawyer could guide you.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    If you and/or your family maintain F1/2 status, you can file for adjustment of status.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is usually easier for you all to go to the consulate and apply for a visa together. The other alternative is for your parents to immigrant visa process at the consulate and, then, after they enter, you can apply to adjust status as a following-to-join derivative.

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    Barbara Suri

    Immigration Attorney
    Answered on

    You can do either. If you decide to file for an I-485 adjustment, you will need proof of your Principal's approval as part of your application package.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    This is a strategic decision to make with counsel on a case-by-case basis. It is often simplest for all family members to Consular Process at the same time. However, being in the US on an F-1 visa opens up the possibility to adjust status in the US after the principal applicant enters the US as a Conditional Lawful Permanent Resident. Particularly relevant is a recent change in a concept known as "visa fraud" whereby an applicant may be put at risk if they file an adjustment of status application within 90 (used to be 60) days from their last F-1 visa entry.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The fastest route is for you all to process together at the consulate. You can remain in the U.S. until the interview is scheduled. Alternatively, you can process after they are approved in the U.S. but this will require an I-824 and more paperwork.

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    Charles Foster

    Immigration Attorney
    Answered on

    As an F-1 student, if you are a dependent on your mother or father''s EB-5 investor petition on Form I-526 that has been approved and, assuming that a visa number is available under the quota (which it is for all nationalities other than Chinese), your parents abroad would qualify by applying for their immigrant visas at the American Consulate in their home country and upon issuance of that visa, they would be eligible for admission to the United States. When the primary petitioner is admitted as a Lawful Permanent Resident, you would then be eligible to apply as a dependent for adjustment of status by filing your application on Form I-485 assuming you still meet the definition of "dependent," i.e. an unmarried child under the age of 21. In determining your eligibility, you would also take into consideration the Child Status Protection Act, which would allow you, during the pendency of the petition, to subtract that amount of time from your age in the event you had turned 21.

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    James Zhou

    Immigration Attorney
    Answered on

    You do not need to return to your home country to file for an immigrant visa. You can file I-485 in the U.S. if and only if the EB-5 investor has passed his or her immigrant interview in your home country.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You can file for your adjustment of status here in the United States if you maintain a valid nonimmigrant status, such as F-1 student, and as long as you are otherwise eligible. The USCIS likely will hold off on adjudicating/approving your application until after the principal applicant (EB-5 investor) enters the United States as a conditional lawful permanent resident. You also have the option of consular processing with your parents and receiving your immigrant visa at the same time as them.

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    Jeff Khurgel

    Immigration Attorney
    Answered on

    Assuming you have properly maintained your F-1 student status, you will not need to depart the U.S. to apply for an Immigrant Visa. Rather, you will be able to adjust your status from within the U.S. without departing (after your parents immigrate).

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    Stephen Berman

    Immigration Attorney
    Answered on

    You can file an I-485 after they immigrate or you can consular process with them.

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