I am an EB-5 investor from India. My I-526 application just got approved. I would like to know if I should go with the adjustment of status or consular processing to enter the U.S. How long does each option take?
Each month you can review the Visa Bulletin issued by the State Department to determine the quickest process.
You have to wait for your priority date. As a practical matter, it is faster to process abroad.
If you're not already in the U.S., your only real option is to continue with consular processing.
What option was selected on the I-526 form? Usually, consular is faster, but if in the U.S. in legal status and there is a reason to want a work permit, then adjustment may be preferable.
Adjustment of status can take almost a year after filing for interview/final decision. Consular processing can take less (around six months or so), but the advantage of filing for adjustment of status in the U.S. (if you have the option to do so) is that you can file for an employment authorization/advance parole during this period. This would allow you to work/travel and remain in the U.S. during the adjustment pending period. If you process abroad at the U.S. consulate, you don''t have that option.
If you have a visa to enter the U.S., I prefer adjustment of status.
Actually, the first question that needs to be answered: where are you located at the moment? Unless you are legally in the U.S. on a non-immigrant status, you will need to do consular processing. However, if you are legally in the U.S., you can seek adjustment of status.
In general, the consular interview process is shorter. That said, it would be very difficult to generalize. USCIS is currently posting different processing times according to which field office or service center you choose for adjustment of status through the filing of Form 485. You should be prepared to wait for one year, regardless of the path you decide to take. If it takes a shorter time, which is a distinct possibility, you would be pleasantly surprised.
Adjustment of status is preferred, if and when a visa number is available.
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