Questions and Answers > EB-5 Investments

After I-526 approval, can EB-5 dependents file their I-485s without the principal applicant?

Our EB-5 I-526 is expected to be approved within the next few months. The principal investor is not present in the U.S. and will need to go through the DS-260 consular processing. However, one of the children on the EB-5 investment is living in the U.S. on a nonimmigrant visa. Once the I-526 is approved, is each person on the approval treated individually or collectively? To elaborate on this; can the dependent file for I-485 AOS once the approval is issued without the principal investor? Or does the dependent need to wait for the principal investor to go through consular processing before the I-485 Adjustment of Status can be filed?

Answers

• Ed Beshara

  Immigration Attorney

  Answered on September 26, 2022

  The principal investor has to first file their application for conditional residence through the NVC for U.S. consular processing, and each of the family members can do the same.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 23, 2022

  You cannot file an adjustment in the U.S. without the principal being physically present. You could consular process the principal and after the principal enters then file a following to join adjustment, but that is adding a lot of time to the application. So best to consular process the entire family together.

• Barbara Suri

  Immigration Attorney

  Answered on September 21, 2022

  The dependent based in the U.S. needs to wait for the principal investor to go through consular processing and be approved before the I-485 Adjustment of Status is filed.

• Lynne Feldman

  Immigration Attorney

  Answered on September 19, 2022

  Principal must obtain the green card first. Fastest is for all to process at the consulate and fly over for medical and interview when scheduled.

• Dennis Tristani

  Immigration Attorney

  Answered on September 19, 2022

  The dependent child who lives in the U.S. can file Form I-485 once the principal applicant has entered the U.S. as a green card holder.

• Mitch Wexler

  Immigration Attorney

  Answered on September 16, 2022

  The options are to all process at the consulate with the principal or adjustment of status can be filed for those in the U.S. (seek advice of counsel) after the principal enters the U.S. as an immigrant.