EB-5 · Visa Bulletin

Adjustment of status (I-485)

To adjust status inside the United States, you must properly file Form I-485; have been inspected and admitted or inspected and paroled (there are some limited exceptions); be physically present when you file; be eligible for an immigrant visa based on an approved I-526 or I-526E; have a visa immediately available both when you file and when USCIS makes its final decision; not be barred from adjustment, although section 245(i) of the Immigration and Nationality Act (INA) may still allow some people who are barred to adjust; be admissible (or eligible for a waiver or other relief); and merit USCIS's favorable discretion. Your spouse and children filing as derivatives have their own list of similar requirements.^[1,2]

While your I-485 is pending, you can generally apply for a work permit with Form I-765 and for advance parole with Form I-131. If you leave the United States without an advance parole document while your I-485 is pending, you will generally have abandoned the application.^[1]

Consular processing

If you are outside the United States (or are in the United States but want to apply for your immigrant visa abroad), you file Form DS-260 with the State Department after USCIS approves your I-526 or I-526E. The National Visa Center (NVC) collects fees and documents, and the consulate schedules your interview once your priority date is current. If you get the visa, you pay the USCIS Immigrant Fee, and your two years of conditional residence start when you are admitted at a U.S. port of entry.^[2,3]