I have my EB-2 date current ( priority date 09/2011). I have an approved I-140. And I also have an EB-5 I-526 filed, which is pending. But now i can file I-485 even with a I-526 pending. With EB-5 I-485 taking around 13 months and I-829 taking ~40-60 months. I am so confused. I would like to withdraw my I-526 but then I will most likely loose my investment, which i cannot afford. As far as i can think, my only option is to just go ahead with EB-5 and have a prospective 6 year time period for a permanent green card. There is a small percentage of 829 denial and loosing everything. Any advise on if i can withdraw my I-526 and work with my current EB-2 priority date? Or any other ideas?
Answers
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyI would move forward with the I-485 based on your EB-2 petition. You can maintain the I-526 pending - once your I-485 is approved you will be in a position where you no longer need to pursue the I-526 petition. At this point you can talk to your regional center to understand repayment options based on the project you have invested in and the relevant timeline.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf your EB-5 is withdrawn it is highly unlikely you would lose your investment, but you must read your subscription agreement. If this is a typical loan model, the loan should mature in 5 or 7 years and needs to most likely be paid back based on the terms of the subscription agreement. If the EB-2 application is approvable, it makes sense to pursue that option but you do need to speak to your EB-5 lawyer and/or a competent EB-5 securities lawyer to advise you.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyKeep the I-526 pending but adjust based on your EB-2 I-140/I-485 (no need to file another I-485 with the I-526.) Talk to the project then about keeping invested but not as an EB-5 investor.
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