I filed an EB-5 I-526 in November 2019 and it is pending approval now. Also, I have an I-130 approved and am waiting for the status to be current. A forecast shows that these two applications may be current for visa processing at the same time. Which one should I choose and why?
If the I-130 is not based on marriage it is a full card and not conditional as opposed to the EB-5, so you need to also do a qualitative analysis. The question is which category of I-130 - are you an adult unmarried child of a lawful permanent resident in the US in status? Then, most likely the I-130. If you have been out of status, you may need 245(k) protection from the EB-5 application.
The answer to this question depends on additional information, such as: What category is the basis for your I-130? What country were you born in? Are you in the United States currently? Do you have any family members applying with you and what is their status (and country of birth)? If consular processing, you would typically just receive the fee bill and be able to schedule an interview for the one that is approved first. The I-130 would also have the advantage of not having to file another round of paperwork to remove conditions (e.g. I-829 filing), so that is a factor as well. In summary, I would discuss this issue with an immigration attorney and come up with a plan together.
Usually the I-130, as it will result in a ten-year green card and no need to remove conditions. But you may need to evaluate the strength of I-130 relationship if based on marriage.
One thing to consider is the removal of conditions on residence, which may or may not apply to your I-130 case but will for sure apply to the I-526. There are several other considerations that you need to discuss with your attorney.
Best to strategize this with experienced counsel, but know that the I-130 based green card will be unconditional. The EB-5 one would be conditional at first.
The answer depends on your family classification for Form I-130. For example, if you are the spouse of a US citizen, you are considered to be an immediate relative and hence can file for Adjustment of Status immediately (if you are in the US. If you are abroad, you will start your immigrant visa processing through the National Visa Center), but if you are in a family based category like son of Legal Permanent Resident, you will need to look at the Visa Bulletin and see whether your priority date is current. The priority date is the date when your I-130 petition was filed. The current processing times for USCIS to adjudicate a I-526 petition is 58.5 months, thus if your I-130 priority date is current, you are probably better off pursuing your family based application. This is especially true if the family based petition has been filed by a relative, other than your spouse, as you will receive the permanent Green Card (10 years validity).
