An I-526 principal applicant in the United States on an F-1 visa wants to file an I-485 application. Could an I-526 dependent who is not in the United States separately process for an immigrant visa at the consulate? If not, how can the I-526 dependent file to adjust status in this situation?
Answers
Ed Beshara
Immigration Attorneys DirectoryThe dependent can apply for the conditional permanent residency visa at the U.S. consulate.
Julia Roussinova
Immigration Attorneys DirectoryWhen the principal in the United States adjusts status, you should be able to file for following-to-join benefits for the dependent. Otherwise, the principal can consular process abroad upon I-526 approval together with dependents at the same time. Please consult your immigration attorney or contact another experienced U.S. immigration attorney to help you.
Salvatore Picataggio
Immigration Attorneys DirectoryThis could be possible, but EB-5 immigration attorneys should review the individual circumstances of each family member.
John J Downey
Immigration Attorneys DirectoryOnce you receive notification of I-526 acceptance, then the out-of-country dependent would necessarily need to process through the U.S. consulate.
Lynne Feldman
Immigration Attorneys DirectoryWhen the principal's I-526 is approved, then the principal files an I-485 with an I-824 to notify the consulate after the principal gets the green card. It would be much faster for the principal to just go home and process at the consulate with the family.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryUnder current rules the dependent cannot file an adjustment until the principal has completed processing abroad, or is also filing an adjustment. The only safe way would be for the principal to enter with an H-1 or L-1 visa, then they can all adjust, if the priority date is current.
Jinhee Wilde
Immigration Attorneys DirectoryAfter the main investor obtains the I-485 approval, he should do the following-to-join applications for the dependents. The lawyer who helped with the I-526 should be able to do this easily.
Jeff Khurgel
Immigration Attorneys DirectoryWhen you adjust status, your family may apply as following to join. You may want to file an I-824 at the same time you file the I-485 to save time. Once your I-485 is approved, and the notice of approval is sent to the National Visa Center, the process starts for your family.
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