EB-5 Immigrant Investor Program: Q&A on Form I-485 Filing for EB-5 Applicants
Attorneys:Attorney Jeff Zhengquan Xie,Attorney Jiarui Yin,Attorney Qian Zhao,Attorney Haochun Ling, Xiao Xiang
The U.S. Department of State has just released the October 2023 Visa Bulletin. For EB-5 immigrant investor applicants born in Mainland China, the Final Action Dates (Chart A) have advanced to October 1, 2015, while the Dates for Filing Applications (Chart B) have seen a dramatic leap: jumping from January 1, 2016 (in the September 2023 Visa Bulletin) all the way to January 1, 2017! This significant forward movement is excellent news for EB-5 principal applicants currently residing in the U.S. It means these applicants can file Form I-485 to adjust their status in the U.S., and also apply for work authorization and advance parole at the same time.
Q: What requirements must I meet to file Form I-485 to adjust status based on the newly released October Visa Bulletin?
A: You must satisfy the following conditions:
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Your Form I-526 petition must have been filed with and received by U.S. Citizenship and Immigration Services (USCIS) before January 1, 2017.
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You must be the principal applicant of the Form I-526 petition.
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You must be physically present in the U.S. at the time of filing Form I-485.
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You must hold a valid nonimmigrant status while in the U.S.
Q: My Form I-526 petition has not yet been approved. Can I still file Form I-485?
A: Yes, you can.
Q: If I file Form I-485 but my Form I-526 petition is ultimately denied, what will happen to my Form I-485 application?
A: If your Form I-526 petition is ultimately denied, your Form I-485 application will also be denied.
Q: What should I do if my Form I-485 application is denied?
A: If this unfortunate situation occurs and you have no other means to remain in the U.S., you will need to prepare to leave the country.
Q: What do you mean by "other means"?
A: If such a situation arises, solutions can only be explored based on your specific circumstances at that time.
Q: After retaining your law firm to file my Form I-485 application, how long will I have to wait to receive my work authorization?
A: Generally, it takes approximately four months.
Q: How long will I have to wait to receive my advance parole?
A: It also takes about four months.
Q: I haven’t been back to see my family since the COVID-19 pandemic. A family member is now seriously ill and needs me to return as soon as possible. Can I go back to my home country right after you file my Form I-485 application?
A: You must wait until you receive your advance parole before leaving the U.S.
Q: But I’m afraid I can’t wait four months. What are the consequences if I leave the U.S. before receiving my advance parole?
A: Your Form I-485 application will be denied!
Q: Can I return to the U.S. using my advance parole?
A: If you return to the U.S. before your Form I-485 application is denied, it may still be possible. The key point is that once your Form I-485 is denied, it will be very difficult for you to continue staying in the U.S.
Q: Can I pay an additional fee to request USCIS to expedite the processing of my application?
A: USCIS does not offer premium processing services for these applications.
Q: The newly released Visa Bulletin indicates that I am eligible to file Form I-485 in October. Can I submit my Form I-485 application right now?
A: You need to wait until after October 1 to file your application.
Q: I know that a medical examination report must be submitted along with Form I-485. Can I have my family doctor complete the medical examination report?
A: No. The immigration medical examination must be conducted by a clinic run by a USCIS-approved civil surgeon.
Q: Can you tell me how to find a USCIS-certified civil surgeon for the immigration medical examination?
Q: What is the process after I file my Form I-485 application?
A: After we submit your Form I-485 application, you will receive a biometrics appointment notice, then complete the biometrics collection. Subsequently, you will receive your work authorization and advance parole—or a Combination Card (Combo Card) that serves as both work authorization and advance parole. Once your Form I-485 is approved, you will obtain a conditional green card. Three months before the expiration of your conditional green card, you need to file an application to remove the conditions, and then you will receive a permanent green card. If your Form I-526 petition has not yet been approved, your Form I-485 application cannot be approved until your Form I-526 petition is approved.
Q: My EB-5 immigrant investor petition was not filed by your law firm. Can I still retain you to file my Form I-485 and related applications?
A: Yes, you can.
Q: How do I start the Form I-485 application process?
A: Please send an email to [url=
mailto:attorney@xielaw.com]attorney@xielaw.com[/url] to initiate your Form I-485 application process.
The above overview is prepared by XIE LAW OFFICES,LLC. to provide legal information to the Chinese community. It is primarily for academic discussion purposes and does not constitute legal advice on specific cases. If you already have legal representation, please consult your own attorney, who is familiar with the details of your case. Clients of Xie & Associates Law Firm, as well as readers who have not yet retained legal counsel, may contact Attorney Xie for specific legal questions. If you wish to reprint this document, please do so in full without any deletions, and clearly indicate the source.
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