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Questions & Answers

How will EB-5 conflict with a family visa application?

I have already applied for a green card through my brother, and this has been in the process for many years. What conflicts could occur if I apply for the EB-5 visa while the family visa is still processing? What obstacles might I run into?

Answers

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    Shahzad Q Qadri

    RC Creator
    Answered on

    None you can have parallel applications in different categories at any given time.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    There are no conflicts. You may have multiple applications in various categories.

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    Ed Beshara

    Immigration Attorney
    Answered on

    It''s a great question. You can still file an investors petition and file an application for conditional permanent residency on the basis of the EB-5 investment. You can file the EB-5 petition even though you have your brother''s immigrant petition for you still pending.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There should be no conflicts or obstacles with your family-based petition.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    A pending family-based immigrant petition for an alien relative has no effect on, or conflict with, your processing for an EB-5 immigrant investor petition.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    A green card through brother, a family visa application, is vastly different from a green card through EB-5, investment visa, in terms of application requirements, processing times, costs and qualifications of the petitioners. The only commonality to both visa groups is that the beneficiary is the same. There is no conflict between the two visa categories. You can apply for both visas. However, you should declare on your EB-5 application, which is the latter of the two, that you do have a green card application pending through your brother. This is to avoid misrepresentation. If you need further consultation, feel free to ask our office as further information may allow you to get in-depth advice.

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    Marc Yelnick

    Immigration Attorney
    Answered on

    There is no conflict. An individual may pursue several/many visa/residence paths at the same time.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be required to formally withdraw the family-based application, but there shouldn''t be a problem with submitting the I-526 and obtaining conditional permanent residency with the family application pending.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. There won''t be any conflicts; you''ll just be able to move to the United States faster (assuming the EB-5 case is approved).

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    Dale Schwartz

    Immigration Attorney
    Answered on

    There should be no conflict. You can pursue both applications at the same time.

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    Stephen Berman

    Immigration Attorney
    Answered on

    It should have no impact at all.

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