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Upon I-526 Petition approval, EB-5 investors and each of their dependents must file an I-485 Application to Register Permanent Residence or Adjust Status.
The I-485 is the form that EB-5 investors file when they are already residing in the U.S. and simply want to adjust their status. If an investor is still residing in their home country, they must file DS-230.
USCIS uses Form I-485 to determine whether an EB-5 principal applicant is eligible for U.S. permanent residency.
Here’s what evidence an EB-5 principal applicant needs to provide with their I-485 Form:
- Two identical color passport style photographs
- A copy of Form I-797C which applicants will have received upon Form I-526 Immigrant Petition by Alien Entrepreneur approval
- A copy of your birth certificate, marriage certificate, and any divorce certificates
- Any criminal history evidence
- A copy of your passport or government issued identity document that has your photograph on it
- Copy of non-immigrant visa that you maintained lawful residence in the U.S. since your arrival
- Evidence of having a medical examination done and up-to-date vaccinations
- Must complete Form G-325A which shows biographical information
Evidence obtained? Ready to file?
After filing Form I-485, applicants between the ages of 14-79 must obtain biometrics services where they will have their fingerprints taken and possibly their photograph and signature.
Applicants can file their I-485 immediately after I-526 approval if they have all the evidence ready and the fees paid. An immigration attorney will submit the application for them.
Upon approval, applicants, their spouses, and their unmarried children under the age of 21 become U.S. conditional permanent residents. This means they can live, work, and travel freely in the U.S.
In order to remove conditions on their permanent residency, EB-5 applicants must file Form I-829.
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