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Will it cause a problem if I obtained my J-2 waiver after I filed for I-485 as an EB-5 investor?

I am an EB5 investor, and I am currently at the I-485 stage. It''ll probably be a few months until my case will be adjudicated. However, one problem I found was that I was a J-2 when I was 16, and I did not fulfill the 2-year residency requirement, nor did I or my father (J-1) apply for a waiver. I applied for the waiver after I filed for AOS, and fortunately, it was approved. However, I did not have my waiver approved before filing for AOS. Will that cause a denial for my case? If that''s a possibility, can I immediately file for another 485? I currently do not have a non-immigrant visa, which would put me in a very risky situation. May I know what my options are?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    I think you need to refile the adjustment because the case has to be approvable at the time of filing. USCIS could be nice and let it go but legally it appears your adjustment was not properly filed at the time of submission and this needs to be corrected as soon as possible.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as you have the waiver when the RFE is issued for it you should be fine. Also important you disclosed it was pending on the AOS forms.