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How would an I-526 dependent separately process for an immigrant visa?

An I-526 principal applicant in the United States on an F-1 visa wants to file an I-485 application. Could an I-526 dependent who is not in the United States separately process for an immigrant visa at the consulate? If not, how can the I-526 dependent file to adjust status in this situation?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    The dependent can apply for the conditional permanent residency visa at the U.S. consulate.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    When the principal in the United States adjusts status, you should be able to file for following-to-join benefits for the dependent. Otherwise, the principal can consular process abroad upon I-526 approval together with dependents at the same time. Please consult your immigration attorney or contact another experienced U.S. immigration attorney to help you.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    This could be possible, but EB-5 immigration attorneys should review the individual circumstances of each family member.

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    John J Downey

    Immigration Attorney
    Answered on

    Once you receive notification of I-526 acceptance, then the out-of-country dependent would necessarily need to process through the U.S. consulate.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    When the principal's I-526 is approved, then the principal files an I-485 with an I-824 to notify the consulate after the principal gets the green card. It would be much faster for the principal to just go home and process at the consulate with the family.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Under current rules the dependent cannot file an adjustment until the principal has completed processing abroad, or is also filing an adjustment. The only safe way would be for the principal to enter with an H-1 or L-1 visa, then they can all adjust, if the priority date is current.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    After the main investor obtains the I-485 approval, he should do the following-to-join applications for the dependents. The lawyer who helped with the I-526 should be able to do this easily.

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    Jeff Khurgel

    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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