Since my EB-5 project failed, how can my husband come back to the US? - EB5Investors.com
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Since my EB-5 project failed, how can my husband come back to the US?

I am an EB-5 investor, my project failed. I did not get the I-829 refusal from USCIS yet, but will be soon.
My company filed EB1 for me, I-140 was approved and the priority date is March 9, 2020.
I”m submitting my I-485 now.
I have some questions.
1. At the moment my family I-485s are submitted, are my conditional green cards abandoned at the same time?
2. If I leave the US, how can I get back before I-485 is approved? If I stay in the US, and my spouse leaves the US before our I-485s are approved, can he re-enter the US? What kind of visa he could apply/hold?
3. I was told the AP is assumed to be approved in 9-11 months, I-485 is approved in 12-18 months, is it the case for now?

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Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If you are already a permanent resident, you cannot apply for permanent residence. You have to surrender your permanent residence. But unless you have an H-1B, if you surrender your residence and have no status, you are out of status. You need to process your I-140 based green card abroad at the consulate in your home country, and you need to surrender your green card immediately before attending that interview.

Stephen Berman

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You can file for advance parole, which lets you travel while your I-485 is pending. If your spouse returns to the U.S. and the visa is still available, he too can file an I-485. Otherwise he must consular process for the visa.

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