Can I start a new EB-5 case with my new wife when my case for withdrawal is still pending? - EB5Investors.com

Can I start a new EB-5 case with my new wife when my case for withdrawal is still pending?

I sent an application to withdraw my case due to getting divorced. The NVC sent it back to USCIS for revoke my case but the decision is still pending.
Can I apply for a new case for my 2nd marriage or do I have to wait until I get the withdraw decision?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

If you have withdrawn the petition, you may have ended the case. If you are getting divorced, you should simply let them know, and if you remarried, advise them by submitting both, the divorce and marriage certificates. Not sure why you would withdraw a case merely because you divorced.

Michael A Harris, Esq

Michael A Harris, Esq

Immigration Attorneys
Answered on

While it is hard to provide legal advice in this forum, your withdrawal may be considered withdrawn upon effective delivery or filing with the USCIS. The NVC does not have the authority to withdraw or revoke your previously approved I-526 petition. Only the USCIS has that authority at present.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

No reason you cannot apply for a new case and just reference the withdrawal.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

Your marriage does not have anything to do with your initial EB-5 petition, I-526. You can file more than one I-526 petition (assuming that is what you mean by "new EB-5 case").

Jeff Khurgel

Jeff Khurgel

Immigration Attorneys
Answered on

If you are currently legally divorced, a new EB-5 application with your new wife, generally, is possible.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

You can file for your new spouse, and you do not need to wait.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

As long as your divorce is final, you can apply for your new wife now.

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