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What happens if I have multiple I-485s for EB-5 and EB-2?

If you have two I-485s pending through EB-2 and EB-5, will that cause delay in adjudication either of the application?

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No, it does not. It just means when it is time to adjudicate the first one they will ask you which one you want to proceed with as you can have only one green card.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    You can have two I-485 applications pending at the same time. They will both be adjudicated in parallel and should not affect each other. Once one is approved, however, you will have to formally withdraw the pending application in order to adjust status based on the approved application.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is not a problem to have two I-485s although USCIS seems to be encouraging switching the underlying petition. USCIS will consolidate the files and require you to withdraw one before approving the other.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    Yes, this will cause confusion. You should consult with your immigration attorney and withdraw one of the I-485s.