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How can an EB-5 investor change from consular processing to AOS?

I will file my I-526 application soon in a preapproved project. I am in the United States on F-1 status and my visa/I-20 expire in June 2018. I will have to travel back to my home country this December. Can I indicate "Consular Processing" on my I-526 when filing the I-526, but then use "Adjustment of Status" by filing the I-485 after the I-526 is approved?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Yes, you may switch to adjustment of status from consular processing by filing the AOS application. USCIS will request the file from the NVC.

  • Avatar

    Steffanie J Lewis

    Immigration Attorney
    Answered on

    Yes, you can change from consular processing to adjustment of status or vice versa. If you are in the United States at the time your I-526 is approved and you are not a Chinese national, you simply file the I-485 package with the I-526 approval notice.

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    John J Downey

    Immigration Attorney
    Answered on

    You may do this, but again it all depends on the timing of the EB-5 approval. Would you still be an F-1 student at that time? If not, then you would need to return to your home country and go through the consulate.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    Yes, in theory you could indicate on your I-526 petition that you wish to consular process it and then change your mind. If you happen to be in the United States in valid status such as F-1 student status when visa numbers become available, you could still file an application to adjust status on Form I-485 after the I-526 petition is approved and after visa numbers become available. If you are a citizen of China, visa numbers may not be available for 3-4 years or longer unless and until Congress increases the quota for the EB-5 preference.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Your may have some flexibility for your immigration process after the I-526 is approved. Please consult with an immigration attorney to review your current situation and proposed timelines.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You do not need to indicate consular processing since you are in the United States on F-1 status. A better approach is to indicate adjustment of status by which you will file the I-485 after approval of the I-526.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    Since many people's situation change after they file the I-526 while the petition is pending for many months, it is appropriate to file the I-526 as consulate processing and then change to AOS if that petition just happen to be approved while you are in the United States on a legal visa status. The circumstances are such it may be more advantageous to go through the consulate process when time comes, however. You and your legal counsel should discuss the next step when you receive your I-526 approval.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, that is possible and USCIS will request your file back from the NVC.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, you can file an adjustment with no further action. Simply notify the NVC after the adjustment is filed.

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    Matthew T Galati

    Immigration Attorney
    Answered on

    Yes. One does not necessarily preclude the other.

  • Avatar

    Abhinav Lohia

    Immigration Attorney
    Answered on

    Yes, you can convert your petition from consular processing to adjustment of status if you are present in the United States on a valid status.

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