How can I apply to adjust status with an I-130 form if I have a conditional green card? - EB5Investors.com

How can I apply to adjust status with an I-130 form if I have a conditional green card?

I am an EB-5 investor. I received my conditional green card a year ago with a direct investment. This investment was not successful and ceased operations. My wife got her green card years ago through her parents. She is planning to submit a family-based immigration application (Form I-130) for me. When can I file an I-485 adjustment of status application based on this I-130? I am worried that when my conditional green card expires next year, I will have to leave the country and wait for USCIS to process the I-130 before I can come back.

Answers

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

You should first withdraw your conditional permanent residency as the EB-5 business has failed. You need to obtain legal status in the U.S. when you are able to file your residency application on the basis of the I-130 petition.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

You have to obtain your immigrant visa abroad and you need to surrender your current status abroad before your are scheduled for your family-based immigrant visa.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

You should consider filing as soon as possible.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

Unfortunately, you have not told us one very important piece of information. Is your wife eligible to become a U.S. citizen already? If she is, that will simplify everything. She could become a U.S. citizen and immediately you can file for a green card through petition for alien relative, Form I-130. Otherwise, if you need to file as a spouse of a green card holder, you will be subject to country-based priority dates and available visa quotas each year.

Hassan Elkhalil

Hassan Elkhalil

Immigration Attorneys
Answered on

In your scenario, it is all about timing. Have your wife apply for her citizenship. File your I-130 based on your marriage to your wife. Because you are filing based on your wife&#39s green card, your visa is not currently available so you will have to wait. However, as soon as your wife receives her citizenship, you can file for your I-485. Otherwise, you will have to wait until your visa becomes available because you filed based on her green card.

Robin J Gray

Robin J Gray

Immigration Attorneys
Answered on

Since your wife is a green card holder, the approval of your status through her petition depends upon the country you are from and the number of visas issued per year for that specific category. Once your wife becomes a U.S. citizen, you will no longer be subject to the visa numbers and the process will be much faster. You may want to consult with an immigration attorney to discuss your options and the best way to proceed.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

You cannot adjust status until a visa number is available under the family. If you think your I-829 will be denied for valid reasons, file I-485 as soon as a visa number is available.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

If your priority date is current through your wife, you can file the I-485 immediately and that will allow you to remain here. At the interview, for your wife&#39s case, you will need to execute an I-47 to abandon your current green card.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

Perhaps you could have her file for you and you can consular process for the visa.

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