Questions and Answers > EB-5 Investments

Who is eligible to file for adjustment of status of i-485 based on a pending I-526?

My wife is an EB-5 principal applicant (through a regional center), chargeability country: India and based out of Canada. I, spouse of principal applicant, am a Canadian citizen and TN visa holder. 1) Are we eligible to file for adjustment of status of i-485 based on pending I-526? 2) Based on my visa status in US, can I file for adjustment of status OR does it have to be the principal applicant?

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on April 25, 2022

  The principal applicant should file and can include family members (spouse and kids younger than 21) at the time of filing. Or, the family members can follow to join to apply for AOS later.

• Stephen Berman

  Immigration Attorney

  Answered on April 21, 2022

  Your place of birth determines whether you can file. The country of which you are a citizen does not determine whether you can file.

• Darren Silver

  Immigration Attorney

  Answered on April 21, 2022

  Yes. You can file right away.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on April 21, 2022

  The principal applicant must file the AOS in order for dependents to be able to file. Discuss with your attorney as there are a few considerations with a TN visa that must be addressed before filing.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on April 21, 2022

  To file an adjustment, the principal applicant must be included and then also her eligible derivatives. It appears persons with pending I-485 should be eligible to file and also to apply for interim work and travel benefits.

• Lynne Feldman

  Immigration Attorney

  Answered on April 21, 2022

  If the principal can file under the visa bulletin, then dependents may also concurrently file I-485 and ancillary petitions.