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
Dennis Tristani
EB-5 Immigration attorneysA 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.
Lynne Feldman
EB-5 Immigration attorneysShe cannot obtain her immigrant visa until after her father does. Best is for her to consular process with her father.
Stephen Berman
EB-5 Immigration attorneysThe 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.
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