I hope a lawyer with expertise in both EB5 and EB2 can give me some advices. I am from China and have an approved I-140 under EB2, its priority date is May, 2012. Now the priority date for China is moving really slowly so I am thinking if I apply for EB5 and after my I-526 is approved, when I submit my I-485, can I link my eb5 case to my EB2 and get my permanent green card directly instead of the conditional green card? I know eb3 can re-link their priority date to EB2, so can EB2 relink their priority date to EB5? Any insight will be appreciated.
You cannot link your EB-2 priority date to your EB-5 petition, and you cannot avoid receiving a two year conditional residence. You must either wait for the EB-2 priority date to become current, or for the approval of your EB-5 petition.
You cannot use the priority date of I-140 for an EB-5 case nor could you avoid receiving a conditional green card for 2 years. After October, with new FY for the government, the visa numbers may move forward by chunks. Please wait and see.
You cannot link under this scenario. Please have a consultation with an immigration attorney who will review your case with you.
No; you can''t do what you propose. You either have to proceed with an EB-5 case, which if approved will result in a conditional lawful permanent resident status, or you must wait for your EB-2 priority date to become current.
You definitely need to consult an experienced EB-5 attorney and develop a strategy to accomplish your goals. If you file an I-485 application based upon the I-526 approval then the approval of the I-485 will lead to a conditional permanent residency.
They cannot be linked. The issue is your status and needs now as the EB-2 is back logged. There is no way of knowing how long it will actually take to become current. I will be happy to consult directly with you.
The short answer is there is no way to, and also no need to try and link your EB-2 priority date to the EB-5, since EB-5 category is current. Also, there is no way to by-pass the conditional permanent residence under the EB-5 Immigrant Investor category since the condition is there so that the investor can show the money was invested in a viable business and the planned 10 hires did take place, etc.
The two petitions should be treated separately because you gain no benefit in connecting them at this moment in time (please refer to the current Visa Bulletin). Since EB-5 cases are current, and have no backlog, linking the cases does not give you an advantage in any way. It is highly unlikely that the EB-5 visa numbers would retrogress, but in the event that they do, it would be beneficial to link your existing EB-2 case.
Yes, you can link your I-485 to EB-5 instead of EB-2 but you will only get a conditional card with the EB-5 versus the EB-2. You should have a consultation with a good immigration attorney to find out what is best in your situation.
You can only link from one approved petition to another when they are current. So, you cannot take a current EB-5 and link it in an adjustment application, to a backlogged EB-2.
There are circumstances when filing two immigrant petitions is appropriate, and a qualified U.S. Immigration attorney (like those at our law firm), can help you coordinate the applications and petitions (and withdrawals once one is approved and the other is still pending!).
