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Should a derivative beneficiary in the U.S. on an F-1 Visa file Form I-485 or consular process with the principal applicant?

If a derivative beneficiary of an EB-5 investor is already in the United States on a nonimmigrant visa but the principal applicant is not, the best option is, most likely, to have the derivative return home and consular process with the principal applicant. Alternatively, the derivative in the U.S. can wait for the principal applicant to receive permanent resident status, at which point the derivative will be able to file Form I-485 to adjust status.