What is the difference between Consular Processing and Adjustment of Status?

Consular Processing vs. Adjustment of Status

The investor, their spouse and children under the age of 21 years may apply for admission to the United States as Conditional Permanent Residents upon approval of the I-526 application.  Under the approval guidelines of the I-526 the documented investment qualifies the Investor as an Alien Entrepreneur, not as a Lawful Permanent Resident.

With the request of Adjustment of Status, the USCIS conducts a series of background checks on the Investor and members of the family who are also seeking admission to the United States.  Once the Adjustment of Status is accepted, the investor is allowed to stay in the U.S. even if the original period of authorized length of stay has expired.  Although travel documents can be applied for with the USCIS the investor is not allowed to leave the United States during this time.  If an existing work permit is at risk of expiration or if the investor is seeking to work in the US while awaiting a decision on their application, the appropriate forms must be filed with the USCIS.

Consular Processing is the alternative to Adjustment of Status, but still requires the Immigrant Visa Petition to be completed on behalf of the applicant.  If the applicant is outside of the United States then the process should be completed with the U.S. Consulate or U.S. Embassy in their country of origin.  If the application is approved the U.S. Consulate or Embassy will then issue the EB-5 Immigrant Visa to the investor which grants them the right to travel to the United States as a Conditional Permanent Resident.