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How can I apply for an EB-5 visa while my F2B application is pending?

My F2B visa application is being processed. Can I apply for EB-5 while F2B is being processed? If I do get a provisional green card, can the F2B visa application continue to be processed until final green card?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You can only have one I-485 application pending at a time. If you are filing the I-526 petition now, it will take something like 3-4 years to be approved. If you have an I-485 pending still at that time, you may be able to ask for a transfer or withdraw and file a new one.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    You can have multiple immigration petitions pending, so yes, you can have I-130 and I-526 both in process at the same time. At the green card stage, you need to select a category to continue.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    One can apply for green cards via numerous avenues, employment or family options simultaneously, but you can only hold one green card at a time. If you want to switch from a conditional EB-5 to a family-based green card, you have to surrender the EB-5 conditional card first.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, you may do both together, but then you need to pick which one to get your green card through at the final stage.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Yes, you can file both. Yes, the F2B can remain pending.