Recently, my I-526 petition has been approved. I have been on an H-1B visa since 2009 with a clean history of legal status. I know that technically I should apply for adjustment of status, but if needed, I can also go back to my home country for an immigration visa interview. Based on the current processing time, which option is better for me?
Answers
Marisa Casablanca
Find an EB-5 Visa Lawyer: Immigration AttorneyChoosing consular processing for an immigrant visa vs. change of status to permanent residency is a personal choice. The safest is to return to your country and consular process. By doing that, you do not have to worry about maintaining status in the U. S. while you wait for the approval.
Julia Roussinova
Find an EB-5 Visa Lawyer: Immigration AttorneyYou should discuss both options with your EB-5 filing attorney. Consular processing may be much faster, but it also depends on how tough your consulate post is and the chances of an immigrant visa refusal.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyIt may be faster to go through the consulate, but there is no right of appeal if things go sideways. Being here, you can get employment authorization in about five months and start working while waiting for your interview. Also, USCIS will issue an RFE if they need more things. That said, it takes forever to get to that interview. So it may come down to preference and anything else in your history to be concerned about.
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you are currently living/working in the U.S., adjusting status in the U.S. may be the way to go since upon filing, you would no longer have to be tied to your H-1B status/employment and can also file for an employment authorization document (EAD) and advance parole, which would allow you to work and travel during the adjustment pending period.
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneySince you have an approved I-526, you should stay and process I-485 in the U.S. However, advisably, it is in your best interest that you should consult an immigration attorney to discuss the two options. Also, there are number of issues you should consider before proceeding, such as processing times, effects on your family, etc.
Charles Foster
Find an EB-5 Visa Lawyer: Immigration AttorneyYou should always choose adjustment of status if you have that option over applying for your immigrant visa. By choosing adjustment of status you can remain in the U.S.; you do not have to take a risk that you will be delayed at the consular post abroad and, furthermore, if there is any technicality you will be able to remain in the U.S. while the issues are being resolved, rather than waiting abroad. Furthermore, in the U.S. you are covered by the Constitution and you have a certain degree of due process; abroad, you have very limited legal rights available to you. Furthermore, after you apply for adjustment of status, within four months you can get a travel document and work authorization.
Kyle Barella
Find an EB-5 Visa Lawyer: Immigration AttorneyGiven the long processing time for adjustment of status, and the fact that one does not know what will happen during the adjudication to possibly derail their adjustment application, I always recommend obtaining an immigrant visa through consular processing.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyFirst, what did you indicate on your I-526 form? If adjustment, then USCIS will not forward your approved I-526 to NVC; in this case, you need to file Form I-824 to request that USCIS forward the case to NVC. If this is your situation, I would advise filing AOS.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyWhat did you select when you filed the I-526? That option is probably the most efficient at this stage unless you will have difficulty getting country documents, such as a police clearance from every country (not the U.S., where you have lived for six months or longer.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyProcessing abroad is usually faster. However, it depends on the post, as some consulates are very tough and many officers are not familiar with EB-5.
Xiaojie Marta Meng
Find an EB-5 Visa Lawyer: Immigration AttorneyDepending on your country of birth, the answer could vary. If you are from mainland China, the wait time could be significant and you might not have the non-immigrant legal status to last long enough until the date you file application for adjustment of status. In that case, choosing consular processing will be safer and easier to switch route, if needed.
Jinhee Wilde
Find an EB-5 Visa Lawyer: Immigration AttorneyThese days, under the Trump administration that required interviews for all I-485s, the processing time for adjustment with approved immigration petitions (I-526 or I-140) are taking a year or more. Thus, unless you are from some country whose consulate posts are reporting AP or denial of EB-5 visa applications recently, I would advise the immigrant visa route, as it will take six months instead of a year or more. Please note, however, the Visa Bulletin for September is out now and discuss these options with your immigration attorney based on all these factors.
Robert West
Find an EB-5 Visa Lawyer: Immigration AttorneyAdjustment of status is always the better option.
Dale Schwartz
Find an EB-5 Visa Lawyer: Immigration AttorneyI would file an I-485 here.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyDo you mean the processing time for adjustment of status? Consular processing is usually a bad option, due to the risk of arbitrary denial and security delays.
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