+1-800-997-1228
Questions & Answers

What are the options for the location of consulate processing?

After I-526 approval, if I am staying in the U.S. on a B-2 visa, can I do a consular interview in the U.S., or do I have to fly back to my country? How long could this process take? If I stay in the U.S. and file for adjustment of status, how long does that process typically take?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    You do not have an option for consular processing inside the U.S. Consular process is only for persons outside the U.S. in order to receive an immigrant or nonimmigrant visa. In your case, assuming you are in valid B-2 status in the U.S. at the time your I-526 is approved, you should be eligible to file for adjustment of status to become a conditional permanent resident. Adjustment of status takes on average about six months.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If you are staying in the U.S. on a valid B-2 visa, you can file for an adjustment of status. Currently, it takes about four to six months to process an I-485 application for adjustment of status. However, be on notice that because a B-2 visa is usually for a short term of duration, it appears your B-2 visa may fall short of the processing time of the I-485 and if that occurs you may not be able to stay in the U.S. long enough to adjust your status. Consult an EB-5 attorney for advice and planning on proper action and so as to avoid staying beyond the duration of your B-2 visa.

  • Avatar

    Lei Jiang

    Immigration Attorney
    Answered on

    If you are inside the U.S., you do not go through the consulate process. You just file adjustment of status and it takes about six months.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    You cannot consular processing inside the U.S. All U.S. consulates and embassies are outside of the U.S. Adjustment of status takes about six months.

  • Avatar

    Fariba Faiz

    Immigration Attorney
    Answered on

    The consulate where the interview takes place should have some connection to either your residence or nationality. Otherwise, the consulate may not be able to take jurisdiction. There is no U.S. consulate in the U.S. Consulates are in foreign countries. If one remains in lawful status in the US after I-526 approval, then one can adjust status stateside.

  • Avatar

    Kyle Barella

    Immigration Attorney
    Answered on

    If you are lawfully in the United States upon the approval of your I-526 Petition, you may adjust status by filing form I-485. You do not need to go through consular processing. Please contact a qualified EB-5 attorney to file your form.

  • Avatar

    Robert Baizer

    Immigration Attorney
    Answered on

    A person in the U.S. in lawful nonimmigrant status (including B-2) can apply for adjustment of status (I-485) if he or she has an approved I-526. The interview, if any, would be here, so it would not be necessary to fly to your home country. The time for that process is typically four to six months, assuming that everything in your application as required is there from the start. The I-485 petition must be filed before the B-2 status expires. Interim work and travel authorization are usually issued in just under 90 days

  • Avatar

    Igor Serbinin

    Immigration Attorney
    Answered on

    No, you do not have to go outside the United States to consular process on approved I-529. There is no such thing as consular process in the United States. Consular posts are US Department of State offices overseas. If you will proceed with adjustment of status without leaving the United States you will be filing your application with USCIS Service Center (not Department of State) in your district.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you are in the U.S. in valid non-immigrant status when your I-526 petition is approved, you may be eligible to file an I-485 application for adjustment of status. You do not need to return to your home country for consular interview. Current processing time is four to six months.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you are in a valid visa status when the I-526 is approved, then you could file the adjustment of status instead. The consular processing is done at your home country. Please note that in order to receive a B-2 visitor visa you have affirmed that you had no immigrant intent and this fact was again confirmed by you at the airport when you entered. Filing adjustment of status immediately after entering U.S. and stating that you will not immigrate is not advisable. However, as circumstances change, if you are in a valid visa status without going out-of-status by overstaying, then you could file the adjustment application.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    The U.S. consulate processing can only take place at the U.S. consulate located in your home country. The process could also occur in another country besides your home country, but the investor will have to first seek the approval of the U.S. consulate. To adjust in the U.S., the investor will have to be maintaining legal B-2 status in the U.S.

  • Avatar

    Michael A Harris

    Immigration Attorney
    Answered on

    If you are in lawful non-immigrant status at the time that your I-526 is approved, you may be able to seek adjustment of status. That process could take six months to be decided. However, within 90 days after filing you should be granted advance parole which will allow you to travel out of the United States while your application is pending. If you decide to apply through consular processing, you will have to attend an interview overseas as the U.S. does not allow for visa processing while in the country. Immigrant visa processing can take a considerable amount of time. Most immigrants choose to seek adjustment of status if eligible because it allows you to remain in the U.S. while pending and even apply for work authorization.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If you do obtain your conditional permanent residency through consular processing, you would need to go to a U.S. consulate abroad, usually your home country. If you happen to still be in legal U.S. status when the I-526 is approved, adjustment of status is a good option as you can also get employment authorization and advance parole.

  • Avatar

    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Consular processing means that you go back to your home country and process your immigrant visa at your nearest U.S. consulate. If your I-526 petition is approved, and you are in the U.S. with valid non-immigrant status (such as B-2), you can elect not to go back home. Instead, you will file for adjustment of status. It should take four to six months to get a green card that way.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.