I have had an I-130 approval as an unmarried son since 2014 (F1). In 2017, I got married, and filed my EB-5 I-526 in 2019. In May 2020, I received a welcoming letter from NVC inviting me to begin the procedure as an unmarried son (F1). I notified them that my category had been changed to married son (F3). With the category shift, I would have to wait another few years before F3 becomes available to me. In August 2023, my I-526 application was approved. Most likely, the EB-5 IV procedure will begin first. However, I prefer the I-130 process since it leads directly to a green card rather than a conditional one. Also, I may be able to get my investment capital faster. My question is, if I continue with the EB-5 process, will I lose my I-130 approval? What options do I have?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you continue your EB-5 process, that does not automatically terminate your I-130 petition, and even if you become a conditional permanent resident, you should be able to surrender that status and then apply for an unconditional green card via the family-based petition.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyYour I-130 approval will not be affected. However, you will eventually have to choose between the I-526 petition and the I-130 petition for purposes of obtaining a green card.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyYour EB-5 has no impact on your I-130 approval.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou may continue with both processes but will need to send annual letters to NVC to keep your EB-5 case alive, but at the end, you may only get one green card.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.