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How can I do a concurrent filing of I-526 along with I-485 for my EB-5 visa?

I am doctor from India and I have filed my EB-5 application under the direct route in Dec-2021. I am the principal applicant. My son is 20 year old and currently pursuing computer science course in USA under student visa. I have two questions: 1. Are we eligible to file concurrent visa for my son although my application is before this new law came in force. 2. If yes, than what is the process to file and do I also need to be physically present in USA for filing of my son.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The website still says approved petition is required but it is worth a try because the law seems to say you can file. At worst it gets rejected so no loss.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, you are able to file the I-485 concurrently with approved or pending I-526 but interim benefits are much slower than 90-120 days currently. You will need to be here in the U.S. for you and your son to file. You will not be able to leave until you receive the travel permit (called advance parole).