How can we file a I-485 petition while the I-526 is still pending? - EB5Investors.com

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

Lynne Feldman

Immigration Attorneys
Answered on

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

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

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

Phuong Le

Phuong Le

Immigration Attorneys
Answered on

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.

Kristal Ozmun

Kristal Ozmun

Immigration Attorneys
Answered on

You cannot.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

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.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

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.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

If the priority date is current, sure.

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