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How can I file I-130 while waiting for an I-829 adjudication for EB-5?

My I-829 was filed back in 2019 Q4. It is approaching the purported 3 year processing period and as far as we know, the project was sound and all. With that said, in the unfortunate chance that it either still takes many more years or worse yet gets rejected, would I be eligible to file an I-130 concurrently? My partner is a US citizen and we''ve been dating for many years. Or more generally, as a CPR is it even advisable to apply for multiple avenues of GCs?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    We are having success filing mandamus on these delayed I-829s, however, you can file a spousal I-130 and if the I-829 is denied, you can always consular process the family petition.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    In order to file the I-130 and I-485 you will need to abandon the existing green card that you have. Doable but you should consult on the advisability of this, strength of the I-829 case, etc.