I am from India and currently completing my undergraduate studies in the U.S. on F-1 status. My parents have made an EB-5 application and their application has been approved recently. Is it possible for me to file an I-485 before they have the visa interview in India?
Answers
BoBi Ahn
Immigration attorneysNo, as a derivative dependent, the principal applicant must first be approved for an immigrant visa before you can adjust status.
Daniel A Zeft
Immigration attorneysIt is problematic for you to file an I-485 application in this situation. You should apply for an immigrant visa at the appropriate U.S. consular post in India.
Ting Geng
Immigration attorneysYou can either go through consular processing with your parents in India and get an immigrant visa with them together, which is the fastest way for you to get lawful permanent resident status, or you can file an I-485 as a following-to-join derivative in the U.S. after your parents enter into the U.S. with their immigrant visas. It is impossible to file your I-485 application before they have their Immigrant Visa interview.
Bernard P Wolfsdorf
Immigration attorneysYour parents need to be in the U.S. and eligible to apply to adjust status for you. Alternatively, if they have entered with green cards, you can file as a following-to-join derivative.
A Olusanjo Omoniyi
Immigration attorneysAs dependent to the primary petitioner, you are not likely to be interviewed before the primary petitioner.
Lynne Feldman
Immigration attorneysIf your mom or dad is the principal on the I-526 approval, she or he must process first and enter the U.S. and become a permanent resident and then you can adjust your status. It is best for you to go through the consular process with them.
Robert West
Immigration attorneysYes if you are living in the U.S. currently, but the principal must become a resident before the derivative does.
Salvatore Picataggio
Immigration attorneysThey need to get their immigrant visas and enter the U.S. first. Otherwise, you can go to the consulate with them and get your own immigrant visa.
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