What exactly happens after the I-526 is approved? I understand that I would have to adjust my status, but is it better to file Form I-485 or to go through consular processing in my home country? How would I obtain lawful status in the United States for the I-485?
Upon the approval of your I-526, if you are in the United States with a legal non-immigrant status, such as F-1, H-1B, you can file the I-485 to adjust your status in the United States. If you are outside of the United States, you will go through the consular processing. Adjustment of status sometimes is faster than the consular processing, but not all the time.
After the I-526 is approved, you can get an immigration visa and come to the United States. You can just file the I-485 here.
It depends on whether an EB-5 investor is in the United States in another lawful immigration status (for example, a work visa, a student visa) or is abroad in his or her home country. When the I-526 is approved, adjustment of status (I-485) filing is only available to EB-5 investors in the United States in another lawful immigration status. Otherwise, an EB-5 investor must process for an immigrant visa abroad in their home country at the U.S. embassy and immigrate in the United States as a conditional permanent resident. Please consult an experienced EB-5 immigration attorney to discuss your case.
Adjustment of status is available only if the applicant is in the United States in nonimmigrant status, and if an immigrant visa number is available (i.e., the priority date is current). Otherwise, if the applicant is not in the United States, the only option is immigrant visa processing at the U.S. embassy or consulate in the applicant''s home country.
You file the I-485 and depending on where you are, you will have the interview. If you are in your own country, then at the U.S. consulate.
Thank you for your inquiry. There are many pros and cons for adjustment of status vs. consular processing and there are many factors at play. But if you have no legal status right now, you are most likely ineligible for adjustment of status (and may be hit with a 3- or 10-year bar if you leave and try to consular process). You need good legal representation.
If you are in the United States with a valid status when the I-526 gets approved, you can apply for the I-485, Adjustment of Status (AOS). We feel that AOS is a better way to go, as it usually gets adjudicated a couple months faster than through consular processing, because it does not have to be transferred to another department to be processed for the final step.
If you are in the United States legally and lawfully and can otherwise adjust, you can go through the adjustment process. Otherwise, you may go through consulate processing. An attorney would review your immigration history and goals to determine an approvable procedure for you, and assist you with the forms and supporting documentation.
If you are presently in the United States in valid immigration status, or are protected under 245(i) or 245(k) you maybe eligible to file for adjustment of status. If that is the case, it best to do so. If you are not eligible for adjustment of status, you would have to consular process. However, before doing so and leaving the United States, you need to determine if you could be subject to any inadmissibility issues. If you do not have an attorney, I strongly advise you to retain one to review and analyze your situation before it is too late.
You would need to be in a legal nonimmigrant status to adjust in the United States. If this is the case you need to indicate this on the I-526; that is the time when the election is made.
My personal opinion is it is preferable to adjust status in the United States if you are in some other lawful status. It is faster and generally takes six months. You would get work authorization about 90 days after filing.
