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Can I file an I-485 application based on my husband's approved EB2 I-140 while my EB-5 I-829 is pending?

I got my conditional permanent residency through EB-5 three years ago and filed my I-829 last year. My husband''s EB2 priority date will be current in a few months. Because my husband''s EB2 is more secure, I am thinking about giving up my pending I-829 and joining his I-485. Since I am already a permanent resident, I wonder if I am eligible to file an I-485 concurrently with my husband. What is the best and fastest way to get my 10-year permanent residence?

Answers

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    Don't you already have a lawyer representing you in your case? You should be conferring with that lawyer. What you ask is a bit complicated and will require research. I don't want to give you wrong advice.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No, you cannot file another adjustment if you are already a permanent resident. If his interview is scheduled abroad, you can surrender your green card outside the U.S., and then interview abroad at a consulate with him.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You are not eligible for adjustment of status as a derivative of your husband unless you abandon or terminate your current resident status. It is not advisable to withdraw your I-829 petition if it is a solid case but rather wait until it is approved and your condition is removed.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You cannot file for I-485 adjustment of status to a lawful permanent resident when you are currently a permanent resident with a pending I-829. If you withdraw your I-829 and your permanent residency, then you may be able to process for the I-485 as a derivative dependent.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you are already a conditional lawful permanent resident and you have already filed your petition on Form I-829 to remove conditions, normally it would make no sense whatsoever to abandon your conditional permanent residency in order to start all over again by filing an application for adjustment of status based upon your husband's EB-2 priority date once it becomes current. In order to do so, you would have to abandon your conditional permanent residency. You would only do this if you had some objective reason to believe that your I-829 petition will not be approved.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Conditional permanent residents are not eligible to adjust status under most circumstances. Your current status would have to be terminated first (and you would have to remain eligible to adjust status somehow) or you would need to seek immigrant visa processing abroad for the EB-2.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Your best bet is to wait for your I-829 to be processed and the conditions on your green card removed. It is not clear at all that you will be able to speed up the process by joining your husband's EB-2 case.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, but at the interview you will need to abandon the other if proceeding based on husband's EB-2 case.

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    Robert West

    Immigration Attorney
    Answered on

    No, you can't file I-485 while you hold a green card.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Probably not. You already have permanent residency (even if it's conditional) and you have already applied to remove conditions. The I-829 processing time is long right now, but so would be the I-485 processing time for an EB-2 (employment-based adjustments are in a range from one to three years right now).

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