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

Immigration Attorneys
Answered on

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

Immigration Attorneys
Answered on

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

BoBi Ahn

BoBi Ahn

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

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

Julia Roussinova

Julia Roussinova

Immigration Attorneys
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.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
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.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

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

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Yes, if you are otherwise eligible.

Hassan Elkhalil

Hassan Elkhalil

Immigration Attorneys
Answered on

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

Charles Foster

Charles Foster

Immigration Attorneys
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&#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

Immigration Attorneys
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.

Stephen Berman

Stephen Berman

Immigration Attorneys
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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