How do I change from consular processing to filing an I-485 after I-526 approval? - EB5Investors.com

How do I change from consular processing to filing an I-485 after I-526 approval?

My I-526 was approved in September 2020. I have an H-1b visa and I am currently working in the U.S. I was planning to do consular processing because its much faster than I-485. However, due to the pandemic, everything is so slow now. I was advised to do I-485 instead. But my case was already sent to the Department of State (NVC) for visa processing on Jan. 5, 21. If I want to do I-485, does my case need to be sent from NVC to USCIS and I have heard it’s time consuming? Also, do I have to file I-824 to transfer the case back or will the case automatically transfer to USCIS once I file I-485?

Answers

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

You are eligible to just file the I-485 here with proof of maintenance of status. The USCIS will request your file from NVC. You can also email NVC after your adjustment is on file that you are in the U.S. and adjusting status. Let us know if you need help with any or all of this.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

You can file the I-485 with a copy of the approval notice and the USCIS will automatically pull the file. You can also notify NVC once you have filed and also once the case is approved.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

Simply file the I-485. But be aware it will be at least a year, and possibly more than 2 years, before they adjudicate it. Depending on the COO, you may be better off filing a DS-260 as receipt of the CPR impacts the amount of time you are tied to the EB5 program, financially and immigration-wise.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

My understanding is you need the form to transfer cases to the NVC, not from it, and an I-485 can be filed and you can request the NVC to end their processing.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

You do not need to file Form I-824. That form is for when adjustment of status is initially selected, but afterward consular processing is desired. The I-824 is to request the USCIS, to notify the U.S. embassy or consular post in your home country of the approved petition and send them the file. Since you initially elected consular processing, but now wish to adjust your status, no Form I-824 is required; you simply file your I-485 with proof the I-526 petition approval as soon as an immigrant visa number is available. You must check the U.S. State Department''s monthly Visa Bulletin to see if your priority date (filing date) is current, i.e., an immigrant visa number is available.

Daniel B Lundy

Daniel B Lundy

Immigration Attorneys
Answered on

You can simply file an I-485 if you are physically present in the U.S.

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