Questions and Answers > EB-5 Investments

How can I file an EB-3 based 10-year green card when I already have an EB-5 based conditional green card?

I received an EB-5 based conditional green card 8 months ago but now my EB-3 priority date has become current. How can I file for I -485 based on EB-3 to get a 10-year green card rather than going through the I -829 filing, which takes longer to approve and is so much paperwork? Is this possible?

Answers

• Raymond Lahoud

  Immigration Attorney

  Answered on July 12, 2021

  This would not be possible as you are already a conditional permanent resident.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on June 21, 2021

  Since you are already a permanent resident, it is not possible to file to adjust status because that application must generally be from a nonimmigrant status. You can surrender your existing green card and then consular process your new green card application. However, that is especially tricky because getting consular appointments abroad at the moment is extremely difficult with so many backlogged cases.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on June 18, 2021

  As a conditional lawful permanent resident, you are not eligible to file I-485 adjustment of status. You will have to do immigrant visa processing at a U.S. embassy or consular office in your home country, where they will have you abandon your conditional green card so you may obtain the immigrant visa for your EB-3 case.

• F Oliver Yang

  Immigration Attorney

  Answered on June 18, 2021

  You would have to abandon your current EB-5 green card and apply under EB-3 since it is not possible to "switch" green card category.

• Lynne Feldman

  Immigration Attorney

  Answered on June 18, 2021

  It is possible but complicated. You will need to abandon the conditional green card, get back in a nonimmigrant status if you want to adjust your consular process.