I just filed a writ of mandamus to get a result from USCIS for an I-526 I filed back in early 2017. We are currently residing in the U.S. and we opted for change of status option when we filed the I-526. The current I-485 timelines are very long and that will only help keep our funds stuck with no returns for a long time since we can only ask for the return of funds once the I-829 is submitted which can only be done once we get the conditional green card. How can I start the process of changing from change of status to consular processing before the decision on the I-526?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can request the change to consular processing, but you may have to file an I-824 after approval if they do not honor it and that can add many months as well. Be optimistic, this administration will improve processing times.
Dale Schwartz
Find an EB-5 Visa Lawyer: Immigration AttorneyThe I-485 timelines are running 12-30 months in most USCIS Service Centers. But since most of the U.S. embassies and consulates have been closed for nearly a year, and some are just now reopening, they have a huge backlog. I would bet you can get a green card faster through the I-485 process than at an embassy or consulate. Your mileage may vary.
Karen-Lee Pollak
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can write to the office where your I-526 is filed and also file a Form I-824 to change to consular processing.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyFile an I-824 or try sending an email to the investor portal on USCIS and request the change.
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you indicated that you would adjust status in the United States on your I-526 form and you now wish to opt for consular processing at the U.S. embassy or consulate in your home country, you must file Form I-824 with USCIS to request notification of the I-526 approval to be sent to the appropriate consular office.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.