I am the principal applicant for the EB-5 program. My I-526 petition was approved, and I received my two-year conditional green card. I have already filed my I-829 petition to remove conditions, and I am currently waiting for the adjudication result. However, all other investors in my project who have already received their I-829 decisions were denied.
In this situation, while waiting for my I-829 result, am I allowed to file an EB-3 petition? If so, would I need to relinquish my current conditional green card status to proceed? If I must relinquish my green card, how can I maintain lawful status in the U.S. during the processing of the EB-3 petition?
Answers
Lynne Feldman
EB-5 Immigration attorneysYou may pursue the EB-3 green card but before the final approval of PR through that filing you will need to get advance parole, leave the U.S. and abandon the condition residence from your EB-5 filing. We have done this successfully several times.
Natalia Morozova
EB-5 Immigration attorneysYou are a green card holder and as such you cannot file for an E-3 visa. You need to first either receive a decision on the pending application or relinquish status. There maybe other considerations in your case so it is best to seek a consultation with an attorney.
Belma Demirovic Chinchoy
EB-5 Immigration attorneysYou cannot file for a nonimmigrant visa while you a permanent resident (even a conditional one) in the US. Seek an attorney to assess your options and advise you.
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