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
Julia Roussinova
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can almost always file multiple green card applications-they generally do not conflict.
Rebecca Singh
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can have two green card petitions pending simultaneously. One does not affect the other, unless there is fraudulent information given to USCIS.
Raymond Lahoud
Find an EB-5 Visa Lawyer: Immigration AttorneyThe 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.
Daniel A Zeft
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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.
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyThere 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.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyNo, you may apply for any number of green card options at the same time.
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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.
Yazen Abdin
Find an EB-5 Visa Lawyer: Immigration AttorneyBoth 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.
Blake Harrison
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyNo conflict; you may apply. The I-130 does not need to be withdrawn.
Robert West
Find an EB-5 Visa Lawyer: Immigration AttorneyNo conflict. No need to withdraw I-130.
Barbara Suri
Find an EB-5 Visa Lawyer: Immigration AttorneyYou are allowed to apply for as many immigration benefits for which you qualify.
Jinhee Wilde
Find an EB-5 Visa Lawyer: Immigration AttorneyThere is no prohibition on having more than one Immigrant petitions being filed at the same time.
Mark AM Catam, Esq
Find an EB-5 Visa Lawyer: Immigration AttorneyThere is no conflict at all.
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