I have two pending I-485s – one is based on EB-5, the other one is based on EB-1C. I thought the USCIS would ask me to choose one before they approve, but they did not. I received the EB-5 2-year green card today. The status of my EB-1C case is active and shows “fingerprints were taken.” What can I do with this? I would like to change the green card to the permanent green card based on EB-1C. How should I do that?
Answers
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyGenerally, unless you have a non-immigrant visa you can fall back on, you have to leave the US and wait for the EB-1 immigrant visa. You cannot stay on the EB-5 immigrant visa while waiting for the EB-1. Advisably, the EB-1 which you seem to prefer is fraught with the danger of either being rejected or may even take longer to process. Prior to making a final decision consult an attorney to understand your options.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYou will have to surrender your current green card and apply for the new EB-1C green card abroad. A permanent resident cannot adjust except under limited circumstances under Matter of Stockwell.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyOnly way to do this is to abandon the other green card outside the U.S., but then you will need a nonimmigrant status to return on.
Raymond Lahoud
Find an EB-5 Visa Lawyer: Immigration AttorneyTo do this, you would need to abandon your current permanent residency, and seek it through the EB-1 category.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyUnfortunately that is not possible. You cannot adjust status if you are already a permanent resident. You could leave the U.S. and file an I-407 to abandon your residency and then try to immigrate based on your approved I-140. Lots of things could go wrong in the process and it would take a very long time.
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