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What is the guidance for I-485 filing for existing EB-5 investors with pending i-526?

We have a pending i-526 application. Our lawyer wants to wait for guidance from USCIS. We are from India and want to file sooner rather than later ( I don''t want to take a chance with retrogression). Just want to get thoughts on the approach other attorneys are taking for clients in similar situation?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    While more guidance would be good, there is no reason to wait. USCIS has already published the address where these must be submitted.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    We are filing now for our eligible clients.

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    Phuong Le

    Immigration Attorney
    Answered on

    We have filed since March without issues.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    You should proceed with your adjustment of status filing based on your pending I-526 petition. USCIS is issuing receipt notices for I-485s filed based on a pending I-526 RC petition - there is no reason to wait at this point in time.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    You should be able to file I-485 as an India-born EB-5 applicant. In my opinion the new EB-5 legislation is very clear on this point and there is no need to wait for additional guidance.