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Since my EB-5 project has financial issues, how can I change my conditional green card to a B visa?

I’m a Chinese EB-5 investor. I got my conditional green card on 10/2017, and now using the stamp to enter the US. My husband applied for the conditional green card a little bit late, he got his on 05/2019, so he’s now using the extension file to enter the US. My EB-5 project has financial issues, it was removed from the EB-5 project list on USCIS official website, and the investors in the same project with me all got I-829 denied, and my case is due soon. My employer is helping me get the green card thru the EB1 process. I got I-140 approved 03/2020, and I just filled out all the 485, 765 and 131 forms, and the forms will be submitted in a week. I have several questions about my complicated status. 1. If I submit the 485, does it mean my conditional green card is abandoned at the same time? If yes, does it mean I’m illegal in the US? I don’t have any L visa or H visa. 2. I can wait here with my daughter until we get the AP for an international travel, but my husband cannot, because he has to leave the US due to his mother’s healthy condition. So my second question is, if he leaves the US without getting his AP, and our conditional green cards are seen as abandoned, does it mean he could not be back to the US? He does not have any L or H or B visa either. 3. The US embassy in China does not do B visa application now, can my husband abandon his conditional green card and replace it with a B visa here in the US, so that he can come back to us after his visit to China? If not, is there any other way for him to be back to the US with us?

Answers

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    Robert V Cornish Jr

    Securities Attorney
    Answered on

    Whatever the case, you should contact a U.S. securities attorney to review your EB-5 investment to ascertain if there are routes to recovery of your money.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Probably is of conflicting intent. The F-1 would be better than the B-2 and set up I-140 for consular processing.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You cannot change status from green card to temporary visitor in the U.S. There is an argument that you can surrender your green card, and possibly file to adjust status in the U.S., but USCIS appears to have backed off this option and it appears the cleanest way to do these cases is to leave the U.S., surrender your old green card, and then consular process your new green card. We have done this successfully.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Another green card may be the only way. Nonimmigrant visas require nonimmigrant intent, and having a conditional green card is very much immigrant intent. H and L are dual intent, which may also be a possibility. Definitely a matter to discuss with an immigration attorney.