Questions and Answers > EB-5 Forms

What is the difference between the I-485, DS-230 and DS-260?

What is the difference between the I-485, the DS-230, and the DS-260? My family consists of four people. Must we all get the EB-5 visa at the same time (I'd like to go first)? Which application would we use to do this?

Answers

• Julia Roussinova

  Immigration Attorney

  Answered on September 21, 2016

  You file the I-485 only if you are in the United States in another lawful immigration status (student visa, work visa, etc.) and only after approval of the I-526 petition. Your family members may file same when your I-526 is approved if they are also in the United States in another lawful immigration status. You file the DS-260 only if you are abroad when your I-526 is approved and then you consular process for an immigrant visa abroad to arrive in the United States as a conditional permanent resident. You may process at the same time with your family members, or you must process and arrive in the United States first as the principal then your family members can follow to join.

• Yazen Abdin

  Immigration Attorney

  Answered on September 12, 2016

  The I-485 is the adjustment of status form. It is used by individuals who are physically present in the United States and eligible to become permanent residents. The DS forms are generally used when going through consular processing. As for your family applying for EB-5, you should consult with an immigration attorney to discuss the particular facts of your family's case.

• Jimena G Cabrera

  Immigration Attorney

  Answered on September 12, 2016

  The Form I-485 is filed when the applicant is in the United States in legal status. The DS-230 is an old form - it was replaced by the DS-260. The Form DS-260 is filed electronically with the National Visa Center when the applicant is outside the United States. Yes, you can file first, but your family must follow you within a reasonable time, which is not more than six months.

• Jinhee Wilde

  Immigration Attorney

  Answered on September 9, 2016

  The I-485 is an application for adjustment of status if you are in the United States with a valid nonimmigrant visa, such as the F-1, E-2, etc. The DS-260 is an immigrant visa application for those who are located outside of the United States, who must go through the consulate processing at the U.S. embassy/consulate post where you reside after you obtain an I-526 approval. The DS-230 is an old immigrant visa application that is not used any longer.

• Charles Foster

  Immigration Attorney

  Answered on September 8, 2016

  The difference is that some individuals who are physically in the United States at the time their I-526 EB-5 investor petition has been approved and visa numbers are available, may be eligible to file an application for adjustment of status on Form I-485. However, if an applicant is abroad or ineligible to adjust their status within the United States, the other documents are the forms that must be filled out in connection with the immigrant visa application at the appropriate American Consular Post again, once the Form I-526 EB-5 investor petition has been approved and visa numbers are available under the quota.

• Salvatore Picataggio

  Immigration Attorney

  Answered on September 8, 2016

  The I-485 is used when you are in the United States lawfully and wish to adjust to permanent residency. The DS forms are used to apply for an EB-5 visa at a U.S. consulate outside of the United States. With an experienced immigration attorney, you can develop approvable strategies for obtaining permanent residency for you and your family members, either inside the United States or from outside the United States.

• Lynne Feldman

  Immigration Attorney

  Answered on September 8, 2016

  If you are in a legal status in the United States, you have the option to file to adjust status here (I-485) or fly home to the consulate when your interview is scheduled (DS-260). The DS-230 is an old form not used any more. The best strategy will depend on coordinating the arrival dates you want for the other family members. It is best to request consular processing and then you can always adjust if eligible.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 8, 2016

  You should apply at the same time. The family can enter and then apply for a reentry permit that allows them to be out for up to two years. If you are applying outside the United States, it is the DS-260 that is filed after I-526 approval (formerly DS-230), and if lawfully in the United States and eligible, you can file the I-485.

• John J Downey

  Immigration Attorney

  Answered on September 8, 2016

  The I-485 is the petition for permanent residence (green card); upon approval by USCIS of the EB-5 application, you would file the I-485. The DS forms are regarding the Department of State applications for a visa in relation to the green card. The are filled out for the U.S. consulate in your country and relate to the interview they will perform before allowing you the visa to proceed to the United States.

• Louis M Piscopo

  Immigration Attorney

  Answered on September 8, 2016

  Form I-485 is an application for adjustment of status and is used if you are applying for your green card in the United States (ex. you are currently in the United States on an F-1 or H-1B when the I-526 petition is approved). The other forms are the forms used to apply for an immigrant visa if you are not in the United States when your I-526 is approved. You do not all need to apply for your immigration visas at the same time; however, your family cannot be granted the visa or adjustment of status until you (the primary applicant) are granted the visa or granted adjustment of status. If you do not have an attorney representing you, I recommend you retain one as soon as possible since there could be other issues that need to be addressed and reviewed before and once the I-526 is approved.

• Stephen Berman

  Immigration Attorney

  Answered on September 8, 2016

  A Form I-485 is for people in the United States. The DS forms are for people outside of the United States.