A Olusanjo Omoniyi
Immigration AttorneyYou cannot apply for an I-485 (adjustment of status) while your I-526 is being processed with USCIS. In fact, your I-526 must be approved first before you can apply for I-485. Currently, an I-526 takes several months for approval. In the light of this fact, it is not likely that your I-526 will be processed within the duration of your B1/B2 visa considering that most B1/B2 visas are usually for about six months or less. Although, it is generally assumed that an adjustment of status (AOS) is preferred because the applicant is in the U.S., unlike consular processing where the applicant has to go through interview at the embassy/consulate in their home country, but the advantages are minuscule at best. Do not be discouraged that you may have to go through consular processing. The ultimate goal for you and your family is that your EB-5 application is granted and all of you end up with immigrant visa(s) that allow all of you to enter the U.S. Consult an EB-5 attorney to lay out a workable plan.