+1-800-997-1228
Questions & Answers

How can we change the option from EB-5 consulate interview to adjustment of status?

When I filed the I-526 application for my son, I chose the consulate interview option as the next step after I-526 approval. My son is currently in the U.S. on an F-1 visa. His I-526 was approved today. Coming back to our home country for the consulate interview would mean that he would miss class for at least one month or even longer. Is it possible to change the initial option to adjustment of status? Could this change delay the process of getting a conditional green card?

Answers

  • Avatar

    Marisa Casablanca

    Immigration Attorney
    Answered on

    Despite having selected consular processing for a case, you can still adjust status in the U.S. You should file your I-485 adjustment application.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    The facts as you describe them present a very involved situation. If your son is now in F-1 status in the United States then it may be critical that your son return to your home country to have an immigrant visa interview rather than proceed with an adjustment of status case. You need a consultation appointment with an experienced immigration attorney to address this situation.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    As long as he is maintaining valid/unexpired F-1 status in the U.S., he can file for adjustment of status in the U.S. No need to notify of change of intent to process in the U.S. He can just start the paperwork to file adjustment in the U.S. if his priority date is current, etc.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It may not be too late to file for an adjustment from within the U.S. An immigration lawyer will be an essential part of this.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    I am sure that your immigration lawyer could guide you, but if he is in U.S. on a legal status, he could always file the I-485 adjustment application regardless of what he indicated on the I-526 petition with the I-526 approval notice. Please note, however, these days, the consulate process may take about six months to go through NVC and interview, while adjustment application is taking much longer because President Trump required all the employment-based immigration adjustments to be interviewed and USCIS field offices are overbooked with work. Your son also does not have to go out until he receives the interview notice, which could reduce the time away to about a week or so instead of a month or more as you are worrying about.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    If he is in a legal status in the U.S. he is eligible to just file now for adjustment; attorney sends an email to NVC to request the I-526 be returned for adjustment processing. Make sure he maintains his non-immigrant status until his conditional permanent residency is actually approved.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    Nothing needs to be done to proceed with adjustment as opposed to consular. Simply file the adjustment application and when NVC inquires, tell them you will not be pursuing a visa through the consulate (no need to pay the NVC fee bill). It is not clear from the info provided whether your son is a dependent of your petition. If so, then he cannot file for adjustment until the principal petitioner has obtained his/her visa and been admitted to the U.S. in CPR status. Your attorney can explain the process and file the required paperwork (it is not rocket science, but USCIS seems unable to handle it without repeated mistakes).

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Have your son file I-485 in the U.S. and NVC will return the petition to USCIS for adjustment of status if your son is in valid F-1 status in the U.S. Adjustment of status process will generally take longer than immigrant visa consular processing and he will need to undergo an interview with USCIS, as most employment-based cases undergo under current administration. However, when he files I-485, he can file for employment authorization card and travel document and then work and travel while I-485 is pending.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    He can simply file an I-485 application, if the I-526 was filed with him as the applicant. It will not slow anything down. Do you not have an immigration lawyer helping you with all this?

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No additional action is required. You can file the adjustment if current under chart A or chart B (for November) and USCIS will request the file from the National Visa Center.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    With the help of an attorney, you should request to change the consulate interview to adjustment of status in the U.S. The delay should not be that appreciable and even may be negligible. Also, the petition file is still in the U.S. and has not been sent to your home country yet for consular processing.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    If your son is currently in the U.S. with an F-1 visa, visa numbers are available and his EB-5 investor petition on Form I-526 has been approved, all he needs to do is file his application for adjustment of status with the appropriate supporting documents along with a copy of the notice of approval. This should not result in any significant delay in the approval of his conditional lawful permanent resident case. In fact, it might even be somewhat faster.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.