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How can I adjust status based on EB-1C with an EB-5 conditional green card?

I have a conditional green card. My EB-5 project had some financial issues, but the project team is still trying to fix the issue. I got help from my employer to apply for EB-1C. My priority date is March 2020, and per the visa bulletin, I can submit I-485 now. What is the best time for me to submit the EB-1 I-485? Should I abandon the conditional green card before EB-1 I-485 is filed? If the EB-1 case is denied, is my EB-5 conditional green card still valid?

Answers

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on November 9, 2020

  A conditional lawful permanent is not eligible to adjust status in the United States. Therefore, you could process your immigrant visa application at the U.S. embassy or consulate in your home country. During that process, you would abandon your conditional green card and receive your immigrant visa based on the EB-1. Keep in mind that there must be an available immigrant visa number, i.e., priority date current, in order to receive your immigrant visa. You should consult an immigration attorney before you make any decisions or take any actions in this regard.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on November 9, 2020

  If you do not have valid nonimmigrant status, you are not eligible to apply for adjustment in the U.S. The smartest way to do these cases is to process the new case at your home consulate abroad and then surrender your conditional green card before you leave to attend that appointment. It has to be done by highly skilled professionals because if there is a snafu you can be stuck abroad.

• Lynne Feldman

  Immigration Attorney

  Answered on November 6, 2020

  The timing is tricky but doable. Perhaps it is easiest with consular processing.