Preeti Sinha

How does an EB-5 investor's family member adjust their status after I-526 approval?

My mom applied for EB-5 and submitted form I-526 earlier this year. My father and I are also on the application. I am a student on F-1 status, and I would like to know what the process is after the approval of the I-526. Do I have to leave the United States to go back to my home country if my parents were to go through the consular process to obtain their green cards? If not, can I apply for the I-485 while my parents use the consular process back home? What are the forms that my mom needs to complete before I can submit my I-485 application?


Mark Ivener
December 23, 2015 06:21 PM  Mark Ivener

As an F-1 student you will need to go back to your home country to Consular Process with your parents, so that all of you can be approved at the same time. Your mother now is the applicant investor and needs to enter the US with you or before you.

Gregory Finkelson
October 30, 2018 07:23 PM  Gregory Finkelson

Yes, you may need to go back home to change your status.

Marko Issever
December 30, 2018 01:05 AM  Marko Issever

No. You do not need to go back. Once your mom, the principal investor for the EB-5 is approved and gets her green card she needs to enter the United States. Once she enters the United States then you could file I-485 to adjust your status to conditional green card. That said, the fastest route for you would be to join your family in your home country and process together at the consulate.


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