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Do I have to go through consular processing if I am abroad when my EB-5 case gets approved?

I am currently on an F-1 visa, and I plan to travel home over the upcoming winter break. I also filed an I-526 application two years ago. I was informed last week by my regional center that they started to receive approvals for petitions filed during the same time as I did. If my I-526 gets approved while I am abroad, can I still enter the U.S. with my F-1 visa and file an I-485 application, or do I have to go through the consulate processing procedures in my home country?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Consular processing is usually faster, but if you disclose all the relevant facts upon admission and are admitted, you should be eligible to apply for an adjustment of status.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    If your I-526 petition gets approved while you are abroad, then you can use the F-1 visa to be admitted to the U.S. However, if the I-526 petition gets approved and you use the F-1 visa to be admitted to the U.S., then you should apply for an immigrant visa at a U.S. consular post and not file an I-485 application with U.S. Citizenship and Immigration Services.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You can still opt to file for adjustment of status in the U.S. even if at the time of the I-526 approval you are traveling abroad.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    To enter with the F-1 status, your intent must be to comply with the F-1 status - temporary stay to attend school, in other words. Your intent may become an issue.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If your I-526 is approved while you are out of the U.S., you can return to the U.S. and file an I-485 to adjust your status. You do not have to go through consular processing.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You should be able to adjust status after successfully re-entering the U.S. with your F-1 visa.

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