According to the recently released visa bulletin, I will be able to file my EB-5-based I-485 in November. However, I am currently traveling abroad and will not return until late December. Will there be any issues if I file my I-485 in December? Will I lose my turn in the line?
Based upon current USCIS policy, an alien entering the U.S. under a nonimmigrant visa and within 90 days filing an application for permanent residency may amount to a fraudulent entry on the basis of a preconceived intent to apply for residency.
If the December bulletin retrogresses again, then you have to wait until the timeline catches up. Your visa must be current at the time of filing.
If you make a lawful entry into the U.S., you may file for adjustment of status on Form I-485 when visa numbers bare available under the quota for the country of your birth, unless you entered as a visitor and there are intent issues.
You can file the application anytime after your PD becomes current. The only risk is retrogression of PD.
You will need to check the Visa Bulletin in December to see if it is still an option to file then.
If you filing under Chart B, there is no assurance that we will be able to use chart B for adjustment filings in December. If you filing under chart B, then you would be smart to return and file before the end of November.
It may be too late to file in December. Don't take the chance. File on time as expected since you are qualified. Also, be on notice that traveling abroad has never been an acceptable excuse for failure to file on time. Advisably, work with your immigration attorney to file on time.
No, you won't lose your "place in line" and will be able to file in December, unless the visa numbers either retrogress or are no longer available due to high volume of use in your visa category and/or for your country of nationality.
