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How can I apply for EB-5 if I have a pending I-130?

I already have an I-130 petition on file. But according to the current priority date I am expecting to wait for a long time before I get any results. Now I am thinking about turning to EB-5. Will there be any conflict between EB-5 and my pending I-130? Must I withdraw it before filing I-526?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    You may certainly file I-526 petition as long as you qualify for EB-5 visa. There is no conflict and you do not need to withdraw I-130. When you are eligible to adjust status based on an approved immigrant petition, you will need to choose the basis from which you adjust i.e. I-526 or I-130 whichever comes first.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can almost always file multiple green card applications-they generally do not conflict.

  • Avatar

    Rebecca Singh

    Immigration Attorney
    Answered on

    You can have two green card petitions pending simultaneously. One does not affect the other, unless there is fraudulent information given to USCIS.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You can process for your I-526 Petition for Immigrant worker (EB-5 Petition) with a pending family-based I-130 Immigrant Petition. There is no conflict here, and you do not need to withdraw the I-130. You have the option to choose whichever gets processed quicker (or more favorable priority date) (I-130 or I-526) to pursue your final steps in green card processing.

  • Avatar

    Yazen Abdin

    Immigration Attorney
    Answered on

    Both the I-130 and the I-526 are immigrant petitions. There is no difference in intent. Therefore, you can apply for the EB-5 and it should have no effect on your pending I-130.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No, you may apply for any number of green card options at the same time.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There is no conflict. You can have multiple immigrant petitions filed/pending/approved at the same time. You just have to choose one when you actually complete the process to become a U.S. permanent resident.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    You can have a pending I-130 petition and a pending I-526 petition at the same time. You do not need to withdraw the pending I-130 petition.

  • Avatar

    Raymond Lahoud

    Immigration Attorney
    Answered on

    The fact that have an alien relative petition pending, or awaiting its priority date at the Department of State National Visa Center (NVC), does not preclude you from proceed with seeking lawful permanent residence through the EB-5 Investor Visa program. It is imperative that you seek competent, experienced, and dedicated EB-5 Immigration Representation when deciding to move forward.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    There is no conflict at all.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    There is no prohibition on having more than one Immigrant petitions being filed at the same time.

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    Barbara Suri

    Immigration Attorney
    Answered on

    You are allowed to apply for as many immigration benefits for which you qualify.

  • Avatar

    Robert West

    Immigration Attorney
    Answered on

    No conflict. No need to withdraw I-130.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    No conflict; you may apply. The I-130 does not need to be withdrawn.

  • Avatar

    Blake Harrison

    Immigration Attorney
    Answered on

    You do not need to withdraw the I-130 before filing the I-526. USCIS allows multiple immigrant visa applications to be on file. The cases are adjudicated independently and will not conflict with each other.

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