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How will applying for EB-5 affect a family visa application?

I would like to apply for EB-5, but I already have an application submitted for a family-based green card through my U.S. citizen sister. Can I apply for EB-5 even though this application is already pending? If so, how will applying for EB-5 affect my family green card application and vice versa?

Answers

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    There are no restrictions on how many immigrant petitions you may have. If you have the family-based petition through your sister, since that process could take up to 15 years, doing the EB-5 makes sense.

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    John J Downey

    Immigration Attorney
    Answered on

    They really do not like two types of applications at the same time. Your application from your sister is under the F-4 category. Depending on what country you are from it could be 10 or 11 years, depending on when she filed. You need to weigh the options and choose one or the other. An appointment with an immigration attorney might be helpful.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There is no prohibition on applying for both family and investor employment options. Proceed.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    On certain forms, you will have to state if you have applied for permanent residency before. Please note that the I-526 petition itself is not necessarily an application for permanent residency, but a form I-485 or an application with the National Visa Center/U.S. consulate is.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You can apply for more than one category at the same time. No problem.

  • Avatar

    Ian E Scott

    Immigration Attorney
    Answered on

    You can have multiple green card applications pending at the same time and one does not impact the other.

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