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Why timing matters for Germany-based NIW applicants

After your EB-2 NIW I-140 approval, your next step depends on whether you remain abroad or enter the U.S. first. I-485 is only available to people physically inside the United States in valid nonimmigrant status. Filing at the wrong time leads to rejection or denial. Understanding I-485 timing after NIW is crucial for applicants relocating from Germany.

You must be physically in the United States to file I-485

Adjustment of status (AOS) cannot be filed from Germany. You must enter the U.S. with a valid visa such as H-1B, F-1, O-1, L-1, or another status that allows AOS. ESTA/visa-free entry does NOT allow AOS.

Beyond Border Global helps applicants evaluate which route — AOS or consular — is more practical depending on their relocation plans.

Your priority date must be current

Even if you are in the U.S. legally, you cannot file I-485 unless your priority date is current on the Visa Bulletin. For most NIW applicants, especially those born outside high-demand countries, the category is often current, but Germany-born applicants must still confirm both:‍

These determine the earliest possible date for EB-2 NIW green card filing.

If you plan to relocate from Germany, timing your entry is key

Applicants often move to the U.S. first on a work or study visa before filing I-485. But you must avoid the appearance of immigrant intent if using a nonimmigrant visa restricted against it. This is why legal strategy is essential.

Alcorn Immigration Law assists applicants in choosing the safest timing and visa category before filing AOS.

How 2nd.law prepares I-485 packages

2nd.law organizes the entire AOS packet, ensuring every page aligns with USCIS standards. Their structured approach helps avoid RFEs and supports smooth adjudication.

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After filing — biometrics, EAD, and green card interview

Once filed, USCIS schedules biometrics, issues work/travel permits (EAD + AP), and later conducts the adjustment interview. Because NIW is a self-petition category, employment-related questions are limited but still relevant.

BPA Immigration Lawyers guide applicants through interview preparation and potential evidence requests.

If you are relocating from Germany soon, should you wait or start now?

You may begin gathering documents while still in Germany, but you cannot file I-485 until after your lawful U.S. entry. Some applicants complete the I-140 and then relocate using a dual-intent or long-term visa before filing their AOS.

Timing depends on career plans, visa options, and how quickly you intend to move.

Frequently Asked Questions

1. Can I file I-485 while in Germany?
No. Adjustment of status is only for applicants physically in the U.S.

2. What should I do if I want to move soon after NIW approval?
Enter the U.S. on a suitable visa and file after the priority date is current.

3. Can I file I-485 after entering on ESTA?
No, ESTA does not allow AOS.

4. Is consular processing faster?
Often yes, but it depends on individual timelines.

5. Does NIW approval guarantee green card approval?
No, you must still pass admissibility and interview requirements.

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