+1-800-997-1228

Free Evaluation

Please click here to get started
Questions and Answers > EB-5 Investments

Do I file a DS-260 form or an I-485 form for my EB-5 application if my kids are already studying in the U.S.?

When I submitted my I-526, my family members listed were my spouse and 3 children. What would happen if at the time of my I-526 approval 2 of my children were studying in the U.S. under F-1 visas? Should I file an I-485 form? Or a DS-260 form? What is the procedure for this kind of cases? I am from Chile.

Click here for a Free Evaluation

Answers

  • Avatar

    Raymond Lahoud

    Immigration Attorney
    Answered on

    If the children are in lawful status in the United States when they are eligible to file to adjust status, one would apply for adjustment of status, rather than consular processing.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    In order to file the I-485, the principal must be eligible to adjust and all the derivatives. If the principal or any of the derivatives are abroad, they have to file the DS-260 forms.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The way I would have done it would be for you to proceed first through the consulate (DS-260). Once you arrive, they can do I-485 applications.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    If you are the principal, then the case is adjudicated at the next stage at the location you indicated on the I-526. If you are in legal status and in the U.S. when the I-526 is approved, you may all file I-485s.

  • Avatar

    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    In order to file I-485 for dependents who are in the U.S., the principal has to obtain IV and enter the U.S. The kids can then file I-485s. Note that, at this time, I-485s based on I-526 take 2+ years to adjudicate.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    If the children are in the USA, you can file the I-485s here.

  • Avatar

    F Oliver Yang

    Immigration Attorney
    Answered on

    If you, as the principal applicant, are currently residing outside the U.S., then you should file DS-260. Your children can file DS-260 and consular process with you in Chile, or they can file I-485 after you become a conditional resident.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If your children are in the United States in valid nonimmigrant status and you wish them to apply for adjustment of status, do not file the DS-260 forms for them. If you plan on them traveling to Chile and applying with you or after you for their immigrant visas, then you should file DS-260s for them. If any of them are close to the age of 21, you should file DS-260s as soon as possible.