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
EB-5 Immigration attorneysNot an option currently, unfortunately, unlike the concurrent I-140/I-495 filings.
Salvatore Picataggio
EB-5 Immigration attorneysNope. One of the weird exceptions to concurrent filing. Have to wait for I-526 approval.
Phuong Le
EB-5 Immigration attorneysUnless 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.
Dale Schwartz
EB-5 Immigration attorneysNo. You cannot. You have to wait until the I-526 is approved and the quota is current for ther beneficiary''s country of birth.
Fredrick W Voigtmann
EB-5 Immigration attorneysNo; 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.
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