I filed my EB-5-based I-485 last month. My application got rejected last week because the credit card information my attorney entered on the Form G-1450 was incorrect. We corrected the form and refiled it on July 1. My question is, will my I-485 have previous receipt date or the latest receipt date? Will this make any difference to my EB-5 timeline since I am an Indian national and the visa backlog started to hit us on July 1?
Answers
Barbara Suri
Immigration attorneysYour receipt date will be in July when the filing package is logged in as paid.
BoBi Ahn
Immigration attorneysSince it was rejected, your application receipt date will be July 1, the newly filed date.
Bernard P Wolfsdorf
Immigration attorneysThe receipt date will be listed on the I-485 receipt and will almost certainly be when the correct fee was accepted.
Julia Roussinova
Immigration attorneysThe date new I-485 application is received by USCIS is the date of your green card application receipt. It does not impact your EB-5 visa category priority date because it is determined by the receipt date of your I-526 petition. If your priority date is before May 1, 2017, you should be fine.
Fredrick W Voigtmann
Immigration attorneysThe receipt date will be the date your I-485 is properly filed and the filing fee checks are cashed. If an immigrant visa number is not available, i.e., your priority date is not current on the date your I-485 is probably filed, it will be rejected again, this time due to no available immigrant visa number.
Marko Issever
EB-5 Broker DealersThe rules are pretty clear. When you file your AOS through I-485 petition properly and your filing is accepted, your priority date must be current. It is very unfortunate that it was current when you filed the first time around, but it is not current now. I suppose your I-526 petition was filed after May 1, 2017. If it was filed before that date you should still be OK.
Belma Demirovic Chinchoy
Immigration attorneysYour priority date must be current at the time of I-485 filing, the second and proper filing in your case. The rejected application is rejected. Nothing more to it.
Lynne Feldman
Immigration attorneysIf rejected you won't get that earlier filing date.
Hassan Elkhalil
Immigration attorneysThe priority date is when the application is feed in and received.
Charles Foster
Immigration attorneysIf your I-485 application was rejected because the credit card information did not allow you to pay the filing fee, your new application for adjustment of status on Form I-485 will be the controlling date. It should not make any real difference in terms of your EB-5 timeline, since your priority date was established when you filed your EB-5 petition on Form I-526.
Mitch Wexler
Immigration attorneysThat is unfortunate. They go by the date is was properly filed/receipted. If you PD is after May 1, 2017, USCIS will now reject your I-485.
Stephen Berman
Immigration attorneysThe receipt date for your I-485 does not impact your priority date.
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