Questions and Answers > EB-5 Investments

Our approved EB-5 I-526 was sent to NVC by mistake, but is it possible to file the I-485 now or do we have to wait for a fee bill?

Our approved I-526 was sent to NVC because of a mistake indicating consular processing instead of AOS. We are living in the U.S. and need to do ASO. Is it possible to file the I-485 and I-796...etc. now or do we have to wait for the approved petition to make it to NVC and for NVC to issue a fee bill? What should we do?

Answers

• Raymond Lahoud

  Immigration Attorney

  Answered on May 20, 2021

  You can file to adjust your status using the approved petition.

• Lynne Feldman

  Immigration Attorney

  Answered on April 30, 2021

  Yes, if you have maintained status, you can file to adjust with the I-526 approval. Let us know if you need assistance.

• Dale Schwartz

  Immigration Attorney

  Answered on April 28, 2021

  Go ahead and file the I-485 NOW. Tell the NVC you are doing that.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on April 28, 2021

  You can always file for adjustment of status by filing your I-485 with a copy of your I-526 approval notice, assuming an immigrant visa number is available (priority date current) and you are in valid nonimmigrant status in the United States. You do not need to contact the NVC at all or pay the IV fee bill in order to pursue adjustment of status.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on April 28, 2021

  You can file the I-485 with the notice you have. Not a problem.