How would I switch from adjustment of status to consular processing on an I-526 petition? - EB5Investors.com

How would I switch from adjustment of status to consular processing on an I-526 petition?

I initially checked “adjustment of status” when filing my I-526, but is is now unlikely I will be in the United States when it is approved, so I would like to change the post-I-526 processing option to consular processing. Is this something that can be done while the petition is pending, or should I wait for a decision?

Answers

Kristal Ozmun

Kristal Ozmun

Immigration Attorneys
Answered on

If your I-526 was filed, request AOS.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

You can send in a revised I-526 (relevant pages) for interfiling. May or may not work. Otherwise, once approved, file Form I-824. It takes 6+ months for it to be processed (at present).

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

First, you do have to wait until the I-526 is decided. Then, you can file a form (and pay a filing fee) with the USCIS to move the case to the NVC, and proceed from there.

Ying Lu

Ying Lu

Immigration Attorneys
Answered on

You will need to file I-824 to change adjustment of status to consular processing.

Phuong Le

Phuong Le

Immigration Attorneys
Answered on

It can be done, but it can be time consuming because you need to file an I-824 to have your case sent to NVC first. It can be time consuming.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

You can try sending an email to the EB-5 USCIS address but it is likely they will require you to file an I-824 to make the change to consular processing.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Your lawyer can advise IPO, and you can send a formal amendment, but you may have to file an I-824 after approval which means more delay.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

The Form I-824 is to request that the USCIS notify the Department of State of an approved petition. You could try to request the USCIS to change your I-526 selection to request consular processing, but there is no guarantee that they will do it. You might have to wait until I-526 petition approval and then file the I-824 request.

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