My spouse filed an I-130 to petition a visa for me along with an I-485. It has been pending for 540 days. I have noticed other cases getting approved even though they were filed this year. I was wondering if refiling another I-130 is a smart choice, leaving the money consideration aside? If not, what is my best option?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyWhile there is nothing prohibiting you from filing a duplicate I-130 petition, it is not clear this will result in expedited processing as the two petitions will have to be consolidated before you get your green card and may actually delay processing.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyThe ones filed online seem to be processing faster so I suggest that if you file again (on the second one mention that you have another case pending.)
Sunwook Sunny An
Find an EB-5 Visa Lawyer: Immigration AttorneyAccording to USCIS processing times, I-130 filed by a US citizen spouse is taking approximately 14-15 months to process. If it has been more than 60 days beyond that average time, you may put in an inquiry telling them that it has been beyond normal processing time. Having another application at the same time may confuse them.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.