+1-800-997-1228
Questions and Answers > EB-5 Forms

How can an EB-5 dependent apply for I-485 while the principal petitioner goes through consular processing?

We are from India. My son was 5 months away from his 21st birthday when we filed for EB-5, with him as the dependent. He is in the U.S. for study. Our priority dates are current on both Chart A and Chart B on the visa bulletin. Can we apply for our visas through consular processing from India while my son files for I-485?

Answers

  • Avatar

    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Given the age out issue, it may be best for your son to CP with you. Age out notwithstanding, a person can file I-485 after parent or principal investor enters the U.S. and commences CPR status. This is called a Follow-to-Join process.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No, you have to complete the process abroad before he is eligible to file a following to join application. It would be best for you all to process abroad so as to make sure he is included. Also, make sure you have filed the necessary papers to freeze your child''s age.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Unfortunately the principal must apply first or the whole family altogether. Best if the son does consular processing with the family or you come here to make sure he will be included. Be sure to do the CSPA analysis and advise the consulate or USCIS of the age out concerns.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The I-485 may be filed once you enter the U.S as conditional permanent residents, not before. But then he should be able to proceed as long as the timelines work out and he has not aged out.

  • Avatar

    Steffanie J Lewis

    Immigration Attorney
    Answered on

    The approved I-526 has created an immigrant visa for you and your eligible dependents. So as long as there is a visa currently available, and it is for Indians, your son can file to adjust status in the United States. But it would be subject to denial if you, the principal, is denied at the United States Embassy.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    No, you can not. The person in the United States can only file the I-485 after the principal immigrates.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    This must be done quickly and correctly. So I would advise you to ask your lawyer to tell you what to do immediately.