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How does my family apply for EB-5 from our home country?

I am the EB5 investor who is studying in US. My spouse and children are living in my home country. Can I apply for the conditional green card by the adjustment to status in the US and my spouse and child apply for their green cards via consular processing in my home country after my I-526 is approved? Thanks a lot!

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, you may adjust status in the United States, and your family will have to go through consular processing in their home country.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    You will be able to apply for the I-526 in the U.S. and your family will be able to obtain their lawful permanent residency through consular processing. If you have any questions, please do not hesitate to contact me.

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    Rachel Lew

    Immigration Attorney
    Answered on

    Yes, it is possible to do that. But you have to state such adjustment of status for yourself and consular processing for your family in the cover letter of your I-526 Petition and include original copies of marriage certificate and birth certificates of children (under age 21) and their passport biographic and visa copies in your petition.

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    Lei Jiang

    Immigration Attorney
    Answered on

    Yes. Your spouse and child will go through consular process.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Yes that should not be a problem, once you are approved they will need to go to the consulate to get their visas.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    Yes, your spouse and children can later obtain their Conditional Residence via Consular processing under what we call "Follow to Join." I will be glad to explain further.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The answer to your question is yes. The I-526 petition is filed regardless of where you, your spouse or child lives. If you remain in legal student F-1 status, then after the approval of the I-526 petition you may file your application for adjustment in the U.S.. Subsequent to your approval, your spouse and child should obtain the conditional permanent residency visa through the U.S.consulate.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Yes, but only after you get your conditional green card. Since you are in a legal status with your F1 student visa, when you receive your I-526 approval the next step is to file an I-485 adjustment of status. Once you get that approved, you will be filing a "following-to-join" application for your spouse and child and have them come through the consular processing. Please note that you need to wait until I-485 is filed and approved before they could join you. Your immigration attorney should be able to walk you through this.

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    Dawn M Lurie

    Immigration Attorney
    Answered on

    Yes it is entirely possible for you to apply for an adjustment of status here in the U.S. after your I-526 is approved and then have your family "follow to join" via consular processing. However there are many legal considerations that should be reviewed prior to deciding whether you want to adjust your status here or travel back home to consular process with your family. One of the concerns you should be aware of is the fact that a student visa does not allow for dual intent -meaning you could have a problem with your F-1 status after you apply for the AOS. There will also be black out travel dates and other issues that warrant a discussion with a seasoned immigration attorney.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes you can. We do this for clients all the time.

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    Ying Lu

    Immigration Attorney
    Answered on

    Yes, your spouse and child can follow to join. They will have a visa interview in your home country. But, in order to expedite the visa applications for your entire family, I would suggest you choose to go through the consular processing together with your spouse and child.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You can apply for adjustment of status in the United States if you are in lawful non-immigrant status at the time your I-526 petition is approved. Your spouse and dependent children under 21 can apply for consular processing following to join immigrant visas once your adjustment of status is approved.

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    Diana Levy

    Immigration Attorney
    Answered on

    Absolutely. There is a process called following-to-join, which they can use to consular process once you have adjusted your status to conditional permanent resident (subsequent to I-526 approval).

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    Denyse Sabagh

    Immigration Attorney
    Answered on

    When you adjust status, your family may apply as following to join. You may want to file an I-824 at the same time you file the I-485 to save time. Once your I-485 is approved, and the notice of approval is sent to the National Visa Center, the process starts for your family.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The important step is that the spouse and children under 21 years of age are listed as derivative beneficiaries on your application. With that, you may have the option to either adjust in the U.S. or go through consular processing. Either way, the approved I-526 is the basis for the next step. Issues like this show the importance of retaining qualified and experienced EB-5 counsel, like the attorneys at our law firm, who can help you develop an approvable U.S. Immigration strategy for you and your family.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Yes, you can file your AOS and then the family members that are eligible will follow to join by filing an I-824. They will receive an immigrant visa at the consulate and enter as a USR.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    Yes, you can. Please have an experienced attorney to assist you.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    Yes, family members abroad may follow to join through consular processing. If you would like to discuss the process and your options we would be happy to schedule a consultation.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Yes. You will simply file an I-824 Notice of Action to notify your consulate that you were granted adjustment.

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