Can I adjust my status based on marriage if my I-829 gets denied? - EB5Investors.com

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

Barbara Suri

Barbara Suri

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

A Olusanjo Omoniyi

A Olusanjo Omoniyi

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

BoBi Ahn

BoBi Ahn

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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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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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.

Marko Issever

Marko Issever

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

Julia Roussinova

Julia Roussinova

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You 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

Fredrick W Voigtmann

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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.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

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

Lynne Feldman

Lynne Feldman

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Yes, if you are otherwise eligible.

Hassan Elkhalil

Hassan Elkhalil

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

Charles Foster

Charles Foster

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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&#39s 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

Salvatore Picataggio

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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.

Stephen Berman

Stephen Berman

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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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