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How can I adjust my status as an EB-5 dependent?

My family applied for EB-5 several years ago. Now my parents are in our home country and I am in the U.S. as an F-1 student. Our I-526 application was approved recently. Am I required to travel back to my home country to attend the interview with my parents or can I just apply to adjust my status in the U.S.?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    You will need to provide more details to an immigration attorney before advice can be reliable. For instance, the parent I-526 petition had to filed before you turned 21 years of age. Depending on the facts, you can wait in the U.S. for your parents to obtain conditional permanent residency visas and then apply for the conditional permanent residency status while you have maintained your student status.

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    Barbara Suri

    Immigration Attorney
    Answered on

    With documentary proof that the principal applicant has received permanent residency, you may file for your adjustment of status in the U.S.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    In this specific situation, you should attend the immigrant visa interview at the U.S. consulate abroad. As an F-1 student, you should not apply to adjust status.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, as an EB-5 dependent, you cannot separately file for adjustment in the U.S. because the principal petitioner (any of the parents) is still in the home country. It is better if a dependent works with the parents in their home country to do consular processing. Alternatively, you may have to wait until the principal petitioner enters the U.S. first and then have him file a petition to join, which will allow you to process your adjustment in the U.S. This route tends to be longer and mistakenly processed. Advisably, contact your EB-5 attorney so as to avoid missteps in the future.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    You are not required to travel back home and interview with your parents in your home country but that would certainly be the fastest method. Otherwise, you would have to wait for the principal investor (your dad or mom) to receive their conditional green card, enter the United States with it. Afterward, you can apply as a following to join applicant as long as you are still unmarried and under 21 years old.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Best practice is to interview at the same time as your family and obtain an immigrant visa via the consular processing case. This would be faster than adjusting in the US. You can only file for adjustment of status when your parent who is the principal EB-5 investor is admitted to the US as a conditional permanent resident. All employment-based adjustments are currently subject to interviews by USCIS and cases take much longer than before. Although you can obtain employment authorization and travel document renewable in 1-year increments once you file for adjustment.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    It would be more expedient if you attended the immigrant visa appointments with your family. In the alternative, you can file for adjustment of status in the U.S. after the principal applicant received her immigrant visa and entered the U.S. There are pros and cons as to which way to go, so be sure to consult with experienced counsel. There are serious "intent" and time frame issues with F-1 students filing for adjustment of status.

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    Stephen Berman

    Immigration Attorney
    Answered on

    No, if they immigrate, once they arrive in the U.S. you can file to adjust.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The fastest would be to travel back to your home country and process for the immigrant visa together with your parents, but you do have the option to wait until the principal EB-5 investor (your parent) processes for his/her immigrant visa, and once he/she enters the U.S., you would then be eligible file to adjust status in the U.S.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You may only adjust your status after your parent who is the main investor gets the resident status. It may be faster for you to get conditional residency if you just fly out when they receive their interview notice to attend with them. With the Trump administration requiring all the employment-based immigration adjustment cases to be interviewed, everything is taking much longer than it used to be.

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    Charles Foster

    Immigration Attorney
    Answered on

    As an F-1 student in the United States, when your family is at home, the EB-5 petitioner must first be issued his or her immigrant visa and be admitted as a conditional permanent resident. Then as a dependent unmarried under the age of 21, you can file an application to adjust status within the U.S. as a following to join dependent. While you could be scheduled for your interview at the American consulate in your home country, you're also eligible to apply for adjustment of status.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    You don't have to travel back home to process with your parents. However, you must wait on filing I-485 until the principal petitioner (in whose name I-526 was filed) receives the immigrant visa and enters the U.S. with it.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I have helped students in the U.S. adjust after the primary applicant parent successfully obtains his or her immigrant visa and enters the U.S. However, I'd want to review the immigration history and status of everyone involved here before making a plan.

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    Blake Harrison

    Immigration Attorney
    Answered on

    You could adjust your status in the U.S. after the primary applicant enters the United States and obtains his or her temporary green card. To speed up the process, you would want to consider returning to your home country and attending the consulate interview with your parents.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You can more quickly become a PR through the consular interview; otherwise you must wait until the principal comes to the U.S. As a PR and then file your adjustment.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Unless there are issues with the case that could result in rejection, it would be best to go home and interview with your parents. The other option is to have them successfully complete the case and then opt to file an adjustment based on a following to join application. The problem is if you file to adjust, it could add another year or more to the processing time.

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