Can a derivative file Form I-485 after the I-829 petition is approved?

It is possible for a derivative beneficiary of an EB-5 visa applicant to file Form I-485—Application to Register Permanent Residence or Adjust Status—after Form I-829—Petition by Investor to Remove Conditions on Permanent Resident Status—is approved. However, this will depend on the derivative beneficiary’s particular situation. The derivative beneficiary may have to pursue other avenues that are best suited to their situation, and it is in their best interest to work with an experienced immigration lawyer who can guide them.

EB-5 Visa Process for Derivative Beneficiaries

The EB-5 visa process allows an investor to include their immediate family members—spouse and unmarried dependents under the age of 21—in their petition. Once Form I-526—Immigrant Petition by an Alien Investor—is adjudicated, all parties included in the petition will be eligible to receive conditional U.S. permanent resident status. However, derivative beneficiaries must adjust their status through Form I-485 or consular process within a specified timeframe after Form I-526 is approved. Failure to do so could result in a need to file for following-to-join benefits. The principal applicant may also need to File Form I-130—Petition for Alien Relative.


Follow-to-join is a status that derivative beneficiaries of primary visa applicants—in this case, EB-5 investors—may use if they will be immigrating much later than the primary applicant. This signifies that they will not submit a visa application until they are ready to immigrate. It is wise for derivative beneficiaries not to wait too long to follow the primary applicant in relocating to the United States as this opportunity is time sensitive.

Petition for Alien Relative

Once an EB-5 investor has received permanent resident status, they may file Form I-130 to petition for their family member to be granted a visa. However, the derivative family member will have to go through the entire visa process from the beginning, which can take a great deal of time.