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My E2 status expires in one month and my I-485 application and combo card has been pending for 14 months. Are they still processing combo cards?

I have been in the U.S. for nearly 2 years on E2 status. The I-94 is only valid for another month. My EB-5 regional center-based adjustment of status has been pending over 14 months and I just had biometrics taken 2 weeks ago. I have not received a combo card yet. If they don’t reopen the regional center, am I going to be able to work at all once my current I-94 validity date passes? Are they processing combo cards for EB-5 regional center applicants?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It looks like USCIS ended all processes tied to Regional Center filings: "We will begin rejecting all Forms I-485, Application to Register Permanent Residence or Adjust Status, and any associated Forms I-765, Application for Employment Authorization, and Forms I-131, Application for Travel Document, based on an approved Regional Center Form I-526."

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Definitely do an inquiry on your work and travel permits. USCIS has issued guidance about interim benefits in regional center cases if that is the case with yours.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    They have been unclear about processing interim work or travel benefits during this period and yet we have been getting approvals. So it’s possible they have no clear guidance. You should file an extension of your E-2 since that will automatically extend your status for up to 240 days while pending.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If your EB-5 is based on a $500,000 investment in a targeted employment area, you may be in for a denial. Otherwise, yes, they are processing work permits and combo cards and you should follow up on them.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You should speak with your attorney to determine the best course of action for you, but it’s probably a good idea to take a quick trip abroad to get a new I-94 (assuming the visa is still valid) or file for extension of stay.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    They seem to have recently halted issuing EAD and travel cards to pending EB-5/I-485 cases in regional center cases only, until Congress reenacts the program. I have a lawsuit pending on this issue against the Immigration Service in Houston, Texas right now. There are two other similar cases pending in Pennsylvania. I would recommend that you file an extension of your E-2 status before it expires. That way you will not go out of status in the unlikely event they don’t approve your I-485 for any reason.