When does the EB-5 I-485 processing begin while concurrent filing?

Question

I have read that an EB-5 applicant can file their I-526 and I-485 concurrently if they are in the United States at the time. How does that affect the processing time of I-485? I understand that the I-526 has to be approved to adjudicate the I-485. Does the I-485 processing time begin after the I-526 is approved, or from the day the I-485 gets filed?

Bernard P Wolfsdorf · Answer

It is correct that the I-485 cannot be approved until the I-526 is approved. Presently, one has to follow the published times for the I-526 processing, which are awful. I am optimistic we will see an improvement, but I am advising clients that the concurrent filings will take at least 2-3 years. The good news is while pending, as soon as you have your work permit and travel permit, you have almost the same rights as someone with a green card.

Lynne Feldman · Answer

The processing of the I-485 begins when it is filed and the interim work and travel permit will be adjudicated. You will also be scheduled for biometrics and then background checks will be done. If the I-526 is still not approved, the case will be shelved until it is. But you can continue to renew work and travel permits while the I-485 is pending.

Ying Lu · Answer

I-485 will not be approved until the I-526 is approved.

Phuong Le · Answer

You can concurrently file both the I-526 and I-485, but USCIS will not actually adjudicate the I-485 until your I-526 is approved. Simple reason being that unless your I-526 is actually approved, there is no basis to adjust status anyways.

Barbara Suri · Answer

Both applications are usually reviewed by the adjudicator who, upon completion of the first, then adjudicates the second. Both decisions are usually issued at the same time.

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When does the EB-5 I-485 processing begin while concurrent filing?

Answers

Bernard P Wolfsdorf

Lynne Feldman

Ying Lu

Phuong Le

Barbara Suri