What should I do if I get my green card through EB-2 while my EB-5 I-526 is pending? - EB5Investors.com

What should I do if I get my green card through EB-2 while my EB-5 I-526 is pending?

I have a pending EB-5 I-526 application. I recently got my green card in EB-2 quota. Since I invested money in my own project, I do not wish to withdraw any funds. Should I withdraw my I-526, and if so, how soon after I get my green card? What are the repercussions if I do not withdraw?

Answers

Barbara Suri

Barbara Suri

Immigration Attorneys
Answered on

You just need one green card, whichever comes first. To my knowledge, CIS will have no repercussions against you, except that your filing fees will not be returned to you. CIS does not have your investment funds.

D Simone Williams

D Simone Williams

Immigration Attorneys
Answered on

Since you received your EB-2 green card, you can now withdraw your I-526 petition and not file for adjustment of status (green card) or proceed to consular processing. Having an approved I-526 means you are approved for an immigrant visa; you have not submitted or been approved for a green card yet - this happens in the adjustment of status or consular process after an approved I-526. In any event, you should withdraw your I-526 petition and you can continue your investment in the project.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

There is no urgency to withdraw, but if your EB-2 green card is secure in that you are working for the employer etc., you can and probably should withdraw. But there is no harm in leaving the petition unless there are circumstances that may require the USCIS to investigate such as a problem source of funds report. On balance, it appears the wisest option is to withdraw.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Not required to withdraw. You need to review the project documents on terms to get your funds. I would be surprised if it is tied to an I-526 filing, so you could just withdraw that if that is true.

Dennis Tristani

Dennis Tristani

Immigration Attorneys
Answered on

This is great news as your green card from your EB-2 process will be a permanent, 10-year GC. You can withdraw your I-526 from adjudication at any time after you receive your EB-2 GC. There is no penalty for not doing it in a timely manner - you can do so at your convenience after your other GC is in hand.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

You can simply let CIS know you already adjusted status. I am not sure I understand why you want to keep your money in the investment, or why you cannot just leave the money invested as long as you wish.

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