I have an existing EB5 application and I am at the step that a temporary green card could be issued any time. However, there are some fraud lawsuits filed against the project I am invested in and there is very serious concern that the temp green card, if issued, is not likely to be converted to a real perm card after 2 years.
In the meanwhile, I have started a EB2 process with my current US employer and I have already locked a Priority date for my EB2 process, which is a much more secure process since my employer is a big tech company.
My question is, in this case, would the EB5 temp green card, if issued, immediately and automatically cancel my EB2 process?
And if so, am I advised to immediately just withdraw the I-526 application now?
Answers
Bernard P Wolfsdorf
Immigration attorneysThe good news is you can pursue both. Provided you are not involved in any of the fraud, you can switch from conditional permanent resident to EB-2, although one generally has to do so via consular processing abroad since adjusting status from conditional permanent resident to full permanent resident generally will have to be within the same category.
Lynne Feldman
Immigration attorneysYes, once you get a green card, any other petition is cancelled.
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.