DS-260 Application Summarized
- Form DS-260 is filed by EB-5 investors and eligible family members at the U.S. consulate or embassy in their home nations; an interview is required.
- An immigration attorney may file this form for the applicant.
- Once approved, the DS-260 grants the applicant an immigrant visa that allows conditional permanent residency in the United States.
DS-260 Application Basics
Upon the approval of his or her I-526 petition, an EB-5 investor and any eligible family members not yet living in the United States must file Form DS-260, Application for Immigrant Visa and Alien Registration. For EB-5 investors already in the U.S., Form I-485 must be filed instead.
The DS-260 application is filed with the U.S. consulate or embassy in the investor’s home nation. The investor and each family member seeking to live in the U.S. must file a separate Form DS-260, and once approved, the applicant is granted conditional permanent resident status in the U.S.
DS-260 Application Process
In Part I of Form DS-260, the applicant provides biographical information; this part of the form is completed and submitted by the applicant and may involve the assistance of an immigration attorney. In addition to basic biographical information, Part I of Form DS-260 requires information about previous places of residence, the applicant’s job history going back 10 years, and any record of military service.
A consular worker helps the applicant complete Part II of Form DS-260 during the interview conducted at the U.S. consulate or embassy in the applicant’s home country. For this interview, the applicant will be required to provide certain documentation, which may include his or her birth certificate, passport, and any marriage or divorce certificates.
Once the interview is finished, the DS-260 application is signed and the process is complete.