Questions and Answers > EB-5 Requirements

How can we file a I-485 petition while the I-526 is still pending?

My firm has filed for I-526 for a client and we need to know if we can file for I-485 for the client while the case is currently pending with USCIS. The client is currently on a valid visa in the United States.

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on March 1, 2021

  Not an option currently, unfortunately, unlike the concurrent I-140/I-495 filings.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 1, 2021

  You cannot.

• Stephen Berman

  Immigration Attorney

  Answered on February 26, 2021

  If the priority date is current, sure.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on February 26, 2021

  No; an I-485 may be filed only for an applicant with an approved I-526 petition where the priority date is current and the applicant is in the United States in valid non-immigrant status.

• Dale Schwartz

  Immigration Attorney

  Answered on February 26, 2021

  No. You cannot. You have to wait until the I-526 is approved and the quota is current for ther beneficiary''s country of birth.

• Kristal Ozmun

  Immigration Attorney

  Answered on February 26, 2021

  You cannot.

• Phuong Le

  Immigration Attorney

  Answered on February 26, 2021

  Unless you have some other basis to file the I-485, you can''t file the I-485 until the I-526 is approved. Maybe helpful for you to also consider working with peer/co-counsel to help advise on EB-5 issues as needed.

• Salvatore Picataggio

  Immigration Attorney

  Answered on February 26, 2021

  Nope. One of the weird exceptions to concurrent filing. Have to wait for I-526 approval.