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Questions and Answers > EB-5 Investments

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?

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Answers

  • Avatar

    Kristal Ozmun

    Immigration Attorney
    Answered on

    If your I-526 was filed, request AOS.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    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).

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    Fredrick W Voigtmann

    Immigration Attorney
    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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    Bernard P Wolfsdorf

    Immigration Attorney
    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.

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    Lynne Feldman

    Immigration Attorney
    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.

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    Phuong Le

    Immigration Attorney
    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.

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    Ying Lu

    Immigration Attorney
    Answered on

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

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    Salvatore Picataggio

    Immigration Attorney
    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.