[Q] Does 245(k) apply to I-526 immigrant petition?
No, you can't use 245(k) to adjust in the U.S. based on approved I-526 immigrant petitions.
Only aliens in the following preference categories are eligible to take advantage of Section 245(K) if you otherwise meet the conditions mentioned above:
* Employment-Based First Preference (EB-1) – All priority workers.
* Employment-Based Second Preference (EB-2) – Professionals with advanced degrees or aliens of extraordinary ability (National Interest Waiver).
* Employment-Based Third Preference (EB-3) – Skilled workers, professionals or other workers.
* Employment-Based Fourth Preference (EB-4) – Religious workers (only).
The section also applies to spouses and children of eligible aliens.
As stated above, INA 245(k) allows some aliens, who are eligible for permanent residence based on a family relationship or job offer to become lawful permanent residents (with green cards) without leaving the United States. Most aliens who have entered the United States without being inspected, overstayed their visa or otherwise violated the immigration laws of the United States in some way, are unable to adjust status to lawful permanent resident without leaving the United States.
Unfortunately, EB-5 category is not covered as one of the classifications allowed to use 245(k). We do not know what the rationale is in excluding EB-5 category from the benefit of 245(k) though.