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Questions and Answers > EB-5 Requirements

What happens if the Dates for Filing chart retrogresses after I submit my EB-5 I-485?

I filed my EB-5 I-485, I-765, and I-131 two years ago, and am still waiting for my I-485 to be adjudicated. I renewed my I-765 and I-131, and the USCIS Date for Filing chart will retrogress next month. Other than my I-485, which will no longer be adjudicated, will my I-765 and I-131 be renewed? Will I be asked to leave the country since I do not have any other visa status?

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Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    You will be authorized to continue your status in the U.S., however, the approval of your application for conditional permanent residency can only occur when your priority date is current.

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    Barbara Suri

    Immigration Attorney
    Answered on

    USCIS will hold the retrogressed application in abeyance until they are authorized to move forward with it.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The Dates for Filing charts only matter when you file if that is allowed that month. Once on file, the I-485 may pend and ancillary benefits renewed indefinitely. The permanent residency cannot be approved until the I-526 is approved and until your Priority Date is current under the Final Action Date chart and all background checks etc. have been completed.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    If the date regresses, CIS will hold off adjudicating the I-485. You will be permitted to stay in the U.S.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The retrogression does not adversely impact your adjustment application or other than it can not be approved until a visa is available under the Final Action Date chart. Interim benefits are valid and can be renewed or extended.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    You can continue to renew your EAD/AP combo card even if your priority has retrogressed. You do not have to leave the U.S. and can continue living in the U.S. based on your pending I-485, even if your priority date is not current.