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Can I adjust my status based on marriage if my I-829 gets denied?

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

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    Barbara Suri

    Immigration Attorney
    Answered on

    Yes. You are allowed to file for any and all immigration benefits for which you qualify at the time of filing.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can adjust your status based on your marriage.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Under 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.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may if your I-829 gets denied and you are eligible. Please hire an experienced immigration attorney to guide you through the process.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Yes. You may. Congratulations on your upcoming marriage to a U.S. citizen.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You 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.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, 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.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If 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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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Not 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.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes. 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.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Yes, you are correct. You can adjust your status while in the U.S.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, if you are otherwise eligible.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    In short, most likely yes, but the process will require several steps through which your attorney will guide you.

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