How can an EB-5 dependent obtain a conditional green card separately from the main applicant?

You may file for adjustment of status in the US after your parents (your mom as the principal EB-5 investor) complete their immigrant visa processing and get admitted to the US on immigrant visas. Another option for you is to consular process with your parents abroad at the same time during the IV interview for all family members but you need to travel for that.

You are advised to complete this with your parents or they can process abroad first and after entry you can apply to adjust but this takes longer.

You can apply for adjustment of status, but only after your parents (the principal investor applicant) has completed immigrant visa processing abroad and entered the United States. Otherwise, you can elect to do the immigrant visa processing with them at the same time.

From the brief review of the facts you provided, you will able to adjust your status in the United States. The adjustment of status, however, will be dependent on the approval of the principal beneficiary. Absent the approval of the principal beneficiary, you would be unable to adjust your status. The National Visa Center, or, if at the US Consulate already, should be informed. As to the forms, it is best that you retain competent EB-5 immigration legal representation, given the current political climate and the need for perfection in submissions to the Department of Homeland Security, including those to the United States Citizenship & Immigration Services.

There are several important issues involved in the situation. First, there is a question on Form I-526 which asks the EB-5 investor to indicate if the EB-5 investor and his or her dependents plan to proceed with consular processing of an immigrant visa or if they plan to proceed with adjustment of status in the U.S. Second, what your intention was when you applied for the F-1 visa could be an issue. You should seek the advice of the immigration attorney who is handling your EB-5 cases.

The Principal must get approved either first or concurrently so I recommend you go home and process with them at the consular interview when it is scheduled.

Dependents cannot file for an adjustment of status while the Principal alien (your mom) has completed her consular processing abroad, or the alternative is to have her enter the U.S. and process for adjustment of status at the same time as the dependent.

You could either go through consular processing in your home country with your mother or wait for her to complete the process and then file your adjustment of status application in the United States. Generally, a dependent will receive his or her temporary green card more quickly if he or she returns home for the immigrant visa interview with the primary applicant.

Your options are to 1) Consular process together with your parents (recommended) or 2) file I-485 follow to join AFTER the main applicant enters the US and receives a CPR card (assuming you are still in valid F1 status at that time).

Much easier to do consular processing. If you do the other way, the principal must be approved first before they can approve you. I-485 much messier for a dependent to file.

Once the main applicant has been approved, the dependents may file their applications. You will need to show evidence of the approval of the main applicant.

You could file I-485 after your mother gets her Immigrant Visa, if you do not want to go out to be interviewed with your parents. However, as the current I-526 is the petition of your mother, you, as her derivative, do not have any right to adjust your status until she gets her Immigrant status. If going out to your country is not too much of a bother, it would be faster for you to fly out to be interviewed with your parents.

It is best to consular process with your parents. Less complications. Faster processing.