Questions and Answers > EB-5 Forms

How should an EB-5 dependent deal with a change in circumstances when filing I-485 vs. DS-260?

My 17-year-old daughter (EB-5 dependent) left our home country for high school in the U.S., and her father (primary applicant) has just been notified to file DS-260. Should our daughter file her I-485, or continue with DS-260?

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on November 20, 2023

  She cannot obtain her immigrant visa until after her father does. Best is for her to consular process with her father.

• Dennis Tristani

  Immigration Attorney

  Answered on November 20, 2023

  A dependent cannot proceed with an I-485 application unless the primary applicant (EB-5 investor) is applying concurrently or has already obtained their green card via consular processing and has entered the U.S.

• Stephen Berman

  Immigration Attorney

  Answered on November 17, 2023

  The dependent cannot adjust until the primary is granted the visa and enters the U.S. on that visa. Probably better to consular process for the visa instead.