How should I handle two green card applications? - EB5Investors.com

How should I handle two green card applications?

I had an I-130 application under the F4 sibling category and was waiting for the priority date to become current. In the meantime, I got my EB-2 green card. Do I have to cancel my family-based petition or will it cancel itself once the priority date becomes current and I take no action?

Answers

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

You can cancel it after the final approval from USCIS on the EB-2 adjustment, but there is no harm in keeping it there and waiting until that happens.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

It is always best to notify them so they can clean up their records. Send a letter that you will not need this to NVC (or USCIS if not approved) with a copy of your green card.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

It would be courteous to cancel the family petition. However, if you might at some time surrender your green card, the family petition could be used as a fallback solution.

Steven D Heller

Steven D Heller

Immigration Attorneys
Answered on

If the I-130 is still pending with USCIS, it is up to the petitioner to decide whether to withdraw the petition. If it is approved and you are awaiting the priority date to proceed with visa processing, you can notify the National Visa Center; however, currently, they are not really responding to non-emergency communications. You are not obliged to notify NVC until the case is assigned for visa processing. If you do nothing, it will terminate after a year of inactivity.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

Generally, once one of the two green card applications is processed and approved. The second application will be canceled.

Kevin Michael Tracy

Kevin Michael Tracy

Immigration Attorneys
Answered on

If you obtained your green card, then you do not have to cancel the other petitions as they will automatically cancel.

C Matthew Schulz

C Matthew Schulz

Immigration Attorneys
Answered on

Either is fine but I would cancel it since you already immigrated and got the green card.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

You can cancel it, or you can leave it as is. Perhaps you will need it someday.

Catherine Rushford-Padilla

Catherine Rushford-Padilla

Immigration Attorneys
Answered on

You should notify the national visa center that you adjusted status as a permanent resident and include a copy of your green card. You can use the National Visa Center Public Inquiry form online.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

You don''t need to cancel anything, but the U.S. citizen petitioner (your sibling) could request to withdraw the petition since it is no longer needed.

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