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As an EB-5 dependent, could applying for another immigration visa cause problems?

My wife is the main applicant of our EB-5 application, and she is now in our home country. Because of the visa backlog, I expect that we have to wait for at least 3 more years to get a visa interview. I am now in the U.S. and I am applying for a green card through I-140. If my I-140 gets approved, is there any problem for me when I interview for a green card because I am the dependent of an EB-5 case? If my I-140 gets refused, is there any problem for me when I interview for the EB-5 visa?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you are born in a country that is not subject to the immigrant visa backlog, you could still pursue EB-5 consular processing based on cross-chargeability to your country of birth rather than your wife's. A I-140-based immigrant visa will also be subject to the backlog if one applies in your case. Consult an experienced immigration attorney to review your specific case.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    Even though your spouse has filed an EB-5 petition, you can still pursue an additional permanent residency process. If you are approved, then your spouse can also be approved. If your application is denied, then you can still obtain conditional permanent residency through your spouse's EB-5 petition process.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    No, there is no problem or conflict in you processing for your own I-140/employment-based green card processing as a dependent of your wife's EB-5 processing. You will have to choose between the two when it is time for the immigrant visa processing, however, since you cannot have two immigrant visas processing.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There should be no conflict between the two cases as long as your documentation is consistent and accurate. If your I-140 is refused due to no fault of your own, the refusal should not affect your EB-5 immigrant visa interview. Make sure to properly disclose all facts on U.S. immigration application forms and at any consular interview.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You may have multiple cases pending at the same time. At the green card interview, though, you will need to choose which one to pursue.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You can have multiple immigration petitions active, but once one is approved, that is the one you use to pursue the green card, and you would withdraw the other.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    There is no prohibition for anyone to have more than one immigrant visa category filings. If you could have the I-140 approved and you do not have the visa retrogression issue, then you could definitely abandon the other process. The question I have is why do you think that I-140 would help you get the green card process faster than EB-5, as per-country quota applies to all employment-based immigration and if she has the visa quota problem, you would be also. If you were born in another country other than the ones that have visa retrogression, then her EB-5 visa could benefit of cross-country chargeability using your birth country and come in faster. While this kind of question on blog sites are helpful to get some general information, you should always consult with an experienced immigration lawyer to get a specific advice pertaining to your situation and develop a logical and smart strategy that works for you.

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    Robert West

    Immigration Attorney
    Answered on

    Does not sound like a problem.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There is absolutely no issue with you applying under an alternative category and as long as you continue to be eligible as a minor. You can likely pick and choose whichever route comes through first.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    No problems.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    No problem at all. You can certainly have two immigrant petitions simultaneously. If your I-140 gets approved and you become eligible for the green card through that route, that would actually be better for you because your green card would then be permanent, as opposed to the green card you would have gotten once the I-526 is approved and you apply for it. The green card you receive initially through the EB-5 process is conditional for the first two years and then your attorney applies, on your behalf, to remove the conditions. Therefore, when it works, the I-140 route is always quicker and more efficient for you. If not, you fall back to your dependent status on your wife's EB-5 application. Nothing would be lost if you have the option to apply for the green card through I-140.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can apply for both visa categories. However, in the event that the I-140 is denied, the EB-5 visa petition remains an option and you won't be penalized.

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