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EB-5 Investor Visa: Adjustment of Status and Consular Processing

The process of immigration and becoming a lawful permanent resident is not simple. Despite this, almost any foreign national who qualifies to get a green card go through the tedious process. He or she often proceeds with the green card application almost immediately.

Applying for a green card could be stressful. As such, an immigrant getting a green card often seek help from an immigration attorney. Getting legal help is useful especially when submitting forms and supporting documents to the relevant government agency.

What is a green card (and what does it tell about your residency status)?

Before going into the green card process, it might be best to clarify what it means to have a permanent resident card. Green cards serve as proof of an individual’s permanent resident status. There are certain benefits to being a green card holder (essentially being a legal permanent resident). Such a green card is issued by the USCIS and is valid for 10 years.

What is filing for adjustment of status or consular processing for a foreigner on an EB-5 investor visa?

An EB-5 visa applicant whose I-526 has been approved and wish to immigrate may apply for conditional permanent residence. Following the immigration process, this is done through either filing an I-485 form or consular processing.

I reside outside the US but I wish to reside permanently through my EB-5. What are the conditions I must meet before filing for conditional permanent residence?

EB-5 Investor VisaEven an individual who does not live in the US can apply for permanent residency. An immigration lawyer can assist you with consular processing. It is initiated by two government agencies, namely the US Department of State and the USCIS office. They will issue a residency visa as long as your Immigrant Petition by Alien Entrepreneur Petition (I-526 form) is approved when the visa becomes available.

Following immigration law, this procedure takes six months or even a year. USCIS receives a lot of applications for EB-5 visas (and other US visas, in general), so processing times may vary. As such, it is best to consult an expert on visa application and immigrant visas before proceeding.

This consular process requires an immigration interview. They also need a medical examination and the biometric data of the would-be cardholder. Take note of your interview schedule and biometrics appointment very carefully. Immigration laws permit a primary application to include the green card applications of his or her family members (spouse and children below 21).

I reside in the US. What are the conditions I must meet before applying for a conditional permanent residence status?

You can apply for the conditional permanent residency program through an adjustment of status. You will need an approved I-526 form once a visa number becomes available. You then apply for a change in status. USCIS forms can be confusing; make sure you use the Application to Register Permanent Residence or Adjust Status or an I-485 form.

The primary applicant’s spouse and children below 21 can likewise try to obtain permanent residence at the same time. However, this process necessitates one set of paperwork per applicant.

The processing time for a change in immigration status is usually six months to one year. It depends on the I-485 form acceptance and EB-5 immigrant visa approval. The investor (and family) are often given a conditional permanent resident status that has a validity of two years. Just keep in mind that children of the applicant must be unmarried and below 21 years old during the time of application.

Applying for permanent residency is not easy. Get expert help on your green card application and other immigration services

If you are planning to apply for a green card or have questions on conditional permanent residency, give us a call. Get a trusted immigration law firm and process your permanent residence card minus the stress. Contact us at AmLaw Group.


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