How will the denial of my EB-5 I-526 impact my I-485 application that I concurrently filed?
I filed an I-485 concurrently while my EB-5 I-526 was still in processing. Today I got a denial for the I-526. How will this affect the I-485 decision? What should be my next step?
Answers
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F Oliver Yang
Immigration AttorneyAnswered onYour I-485 will be denied soon. You may need to depart the U.S. asap if you have not been maintaining another nonimmigrant status.
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Bernard P Wolfsdorf
Immigration AttorneyAnswered onIf the I-526 has been denied, you can file an appeal or motion to reopen the case. Since the I-526 was holding up the I-485, if you do not have valid nonimmigrant status, your I-485 will be denied and you may be placed in removal proceedings.
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Dennis Tristani
Immigration AttorneyAnswered onThe denial of the I-526 petition will cause the I-485 application (and any concurrently filed forms, i.e., I-765 and I-131) to be denied. If you are in the U.S. in valid visa status (F-1, H-1B, etc.) you will continue to maintain this status. If you are in the U.S. based solely on the pending I-485 application, the denial of the I-485 application will cause you and any accompanying family members to be out of status.
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Raymond Lahoud
Immigration AttorneyAnswered onIt will be denied since the I-526 forms the basis of your adjustment of status application.
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Lynne Feldman
Immigration AttorneyAnswered onYour I-485 will also be denied as the I-526 approval is a requirement for approval. If you have maintained nonimmigrant status, that will continue; if not, you need to leave the U.S. and consider re-applying for a nonimmigrant status if you are interested and qualify.
