I became a U.S. conditional permanent resident through EB-5. My father was the primary applicant of our case and we have just submitted our I-829 application. I am getting married to a U.S. citizen next month. If our removal of conditions application is denied, can I apply for adjustment of status based on my marriage without having to leave the U.S.?
Answers
Barbara Suri
Immigration attorneysYes. You are allowed to file for any and all immigration benefits for which you qualify at the time of filing.
A Olusanjo Omoniyi
Immigration attorneysYes, you can adjust your status based on your marriage.
BoBi Ahn
Immigration attorneysYes, you can process for your permanent residency through your U.S. citizen spouse petition processing, if your application to remove conditional permanent residence is denied.
Bernard P Wolfsdorf
Immigration attorneysYou cannot file an adjustment if you are already a permanent resident. If your I-829 is denied, you can file a new I-1-30 petition, relinquish your resident status, and then consular process abroad via the marriage petition.
Marko Issever
EB-5 Broker DealersYes. You may. Congratulations on your upcoming marriage to a U.S. citizen.
Julia Roussinova
Immigration attorneysYou may if your I-829 gets denied and you are eligible. Please hire an experienced immigration attorney to guide you through the process.
Fredrick W Voigtmann
Immigration attorneysUnder certain circumstances, a conditional resident (whose status has been terminated through I-829 denial or by the dependent withdrawing himself/herself from the pending I-829 prior to denial) may adjust status in the United States via a bona fide marriage to a U.S. citizen. The alternative would be to immigrant visa process at the U.S. embassy or consular post in your home country.
Belma Demirovic Chinchoy
Immigration attorneysIn short, most likely yes, but the process will require several steps through which your attorney will guide you.
Hassan Elkhalil
Immigration attorneysYes, you are correct. You can adjust your status while in the U.S.
Charles Foster
Immigration attorneysYes. Should your removal conditions application be denied, you can apply for adjustment of status within the U.S. on Form I-485, based on your U.S. citizen spouse's immediate relative petition on Form I-130, without having to depart. You should not depart again until you have obtained an advance parole.
Salvatore Picataggio
Immigration attorneysNot sure why you think the I-829 is going to be denied, but marriage to a U.S. citizen can forgive a lot of things if handled quickly and properly.
Stephen Berman
Immigration attorneysIf your residency status is terminated, you should be able to file for adjustment of status based on marriage to a U.S. citizen.
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