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How can I file I-485 separately from my parents after my I-526 for direct EB-5 is approved?

My I-526 (direct investment) has been approved recently. My understanding is that my parents will need to file DS-260 as they are out of the US at the moment, and my father is the main investor. However, I am currently an F-1 student in the United States. Can I file I-485 separately from my parents DS-260, or do we all have to file DS-260 together? I''m just worried that having to do medical exam and interview at the embassy in my home country will interrupt my study plan.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You are not eligible to adjust status or get a green card until the Principal investor does. So either your parents come to the U.S. on a nonimmigrant visa and all adjust status, or your parents apply for an immigrant visa and once they are here you can apply to adjust status or you can go home and file for an immigrant visa with them. Only options.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you want to file an adjustment of status you have to wait until after their visas have been issued and then you can file a following to join petition that can be time consuming. You would be better off attending the visa interview together with them or expect a delay of at least 1-2 years more to complete your conditional green card process.