My I-829 is pending, and it will be denied soon because the EB-5 project failed. My employer filed an I-485 for me, and I got the combo card. If my I-829 is denied before the I-485 is reviewed, I might have to leave the United States. Does the I-485 go invalid right away if I leave, although I have the combo card?
Answers
Bernard P Wolfsdorf
Immigration attorneysThis is very strange - not sure how your employer can file an I-485 for a lawful permanent resident. An I-485 is for application to ADJUST status from nonimmigrant to immigrant. Even after the I-829 is denied, you remain a permanent resident until ordered deported. You need to have your employer’s I-140 processed abroad and then surrender your EB-5 permanent residence before you get your new green card.
Lynne Feldman
Immigration attorneysYes, the I-485 will be denied. You need to consult with counsel on other options – deployment of funds elsewhere; other visa options.
Stephen Berman
Immigration attorneysIf you have a pending I-485, you should not be required to leave the U.S.
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