How should an EB-5 dependent deal with a change in circumstances when filing I-485 vs. DS-260? - EB5Investors.com

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

Dennis Tristani

Dennis Tristani

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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

Stephen Berman

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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.

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