Adjustment of Status

Some EB-5 investors who are in lawful non-immigrant status will elect to remain in the United States and conclude their process while there. As such, along with the approval of the I-526, the investor will file the adjustment of status, an application for work authorization, and an advanced parole application to allow for foreign travel, while the case is pending with USCIS for a six-month duration. This process is repeated simultaneously for the investor’s dependents.

An adjustment of status may culminate in an interview at the USCIS office where the investor non-immigrant is residing. Occasionally, there may not be an interview. Nonetheless, the investor will receive a ‘welcome notice’ by mail assuring the investor that he or she has been approved.

NOTE that individual ‘welcome’ letters are sent to each and every family member including the minor dependents as a separate file, known as an “A” or ‘alien’ file.

In matters where the family may be separated due to circumstances, the principal investor must first be conferred with conditional residency. The dependents may then apply as ‘follow to join’ relatives. Although this process can be accomplished in the consulate or embassy in the home country, it is a long and tedious process to follow.

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