Questions and Answers > EB-5 Forms

How can I stay in the US legally with a denied EB-5 I-829, a pending I-485 and a valid combo card?

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 Attorney

  Answered on January 3, 2023

  This 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 Attorney

  Answered on January 3, 2023

  Yes, 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 Attorney

  Answered on January 2, 2023

  If you have a pending I-485, you should not be required to leave the U.S.