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How can I use an approved I-526 to apply for a new I-485 after a waiver of inadmissibility?

I invested in an EB-5 project in Dec 2008. In January 2009, my I-526 was approved and in February 2009 I submitted my I-485. In April 2010, I was granted voluntary departure because of two CMITs. The EB-5 is up and running, but is not returning investment. Most of the investors have their conditions removed and thus, the jobs have been created. However, the exit strategy is not yet defined and I do not see it being defined anytime soon. If I get waiver of inadmissibility approved today, how would I use the I-526 approved in 2009 to apply for a new I-485?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is important to comply with VD. I-485 may only be utilized if you are legally in the United States. Consular processing based on the approved I-526 is the process for persons abroad. Your case is complex and you may need a waiver of inadmissibility. You will need to consult your immigration attorney to discuss your case or any other experienced immigration attorney in a personal consultation.

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    Lei Jiang

    Immigration Attorney
    Answered on

    You might not be able to use approved I-526 for a new I-485. You should consult your lawyer.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Your case is fairly complex. You should retain an experienced EB-5 immigration attorney who can advise you based upon your particular circumstances. The first question would be related to your eligibility for an I-601 waiver.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you have been granted the Voluntary Departure, you must do the Immigrant Visa application (DS-260) and be interviewed at the U.S. Embassy in your home country instead of filing I-485 (Adjustment application), which could be filed only if you are here in the United States. With the voluntary departure order, if you have not departed as promised, then you may have one more issue with the address. Your attorney who is helping you with all this should give you a detailed explanation of where you are and what you need to do.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Situations like this is why it is imperative that you retain qualified immigration counsel to review your situation and facts and help develop a strategy to move forward. Your timelines for job creation are probably affected greatly and it is possible the original I-526 may not be able to be used as the basis for a new I-485.

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