I am a conditional permanent resident as a dependent of my family”s I-829 case that has been pending for over 10 years. My employer now decides to start an EB-3 petition for me. I am wondering what my options are once my EB-3-based I-140 is approved. I am not from any backlogged countries. Can I remain in the U.S during this transition period? I understand at some point I will need to give up my conditional green card first. Do I have to leave the U.S. then?
Answers
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyYour employer can begin the process, and when it is time for adjustment of status, you would have to request withdrawal of I-829 and permanent resident status before you can proceed any further. Maybe by that time, your I-829 processing would be completed and you will not have to take the last step. Also disconcerting is that your I-829 has been pending for 10 years. That should be looked into also before proceeding with the EB-3 processing.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyAt the EB-3 interview, you can withdraw your I-829 and proceed with the adjustment on the EB-3 case.
Barbara Suri
Find an EB-5 Visa Lawyer: Immigration AttorneyYou may apply for as many immigration benefits for which you are eligible at the time of filing.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIt is best to surrender your conditional card and then consular process the EB-3 abroad.
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can pursue the EB-3 but, if it is successful and the I-829 continues to languish, you will have to eventually give up the EB-5.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyThe filing of an I-140 itself does not affect you. Once it is time to file for adjustment of status, you will need to give up the conditional green card; your attorney will guide you in this process and you do not have to leave the U.S.
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyYou will need to leave the United States to pursue immigrant visa processing abroad; conditional residents are not eligible for adjustment of status in the United States and withdrawing you from your parents? I-829 is dangerous in an employment-based case.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyIt would be difficult and most likely you would need to leave the U.S. and return on the EB-3.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.