I am an EB-5 investor who is currently studying in the U.S. under an F1 visa, but my EB-5 interview is scheduled during the school year. Could I be interviewed in the U.S. and get my green card here instead? Do I have to fly back to the country where my interview is scheduled?
Advisably, you may need to take a brief absence from your studies. It is virtually impossible to change the venue once it is scheduled overseas. In order to be interviewed in the U.S., you would have to file I-485, Application to Adjust Status. It is simply too late at this point in time.
You can fly back or postpone. You may also be able to file an adjustment but that could easily add one to two years or more to the wait.
If you file for adjustment of status, you can adjust in the U.S.
It is quickest to fly to your country and reschedule the interview if you have to. It is an alternative though to start the adjustment case and do all of the processing here but make sure you do not travel until you have a travel permit.
You can make a request to the consular abroad to reschedule. We often advise our clients to be careful when doing this, as it is unpredictable when the next interview will be. You can seek adjustment of status in the U.S. if certain conditions and requirements are met. Again, the process may be very long. It is best you meet with an immigration attorney to discuss your options.
You can file for an adjustment of status if you are lawfully present in the U.S. Your immigration attorney should review and plan for all options for obtaining the green card. If your case is already in progress with the National Visa Center, you may be able to stop it before the interview is scheduled and start the adjustment of status process, but you will have to wait for the full adjustment of status processing time.
You would need to file an adjustment of status in the U.S.
Since you are in lawful status in the U.S., you can file an adjustment application in the U.S. and cancel the interview. At this point, there are no interviews for EB-5 adjustments. It may be 10 to 12 months before you receive your green card.
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