How can I apply for EB-5 if I have a pending I-130? - EB5Investors.com

How can I apply for EB-5 if I have a pending I-130?

I already have an I-130 petition on file. But according to the current priority date I am expecting to wait for a long time before I get any results. Now I am thinking about turning to EB-5. Will there be any conflict between EB-5 and my pending I-130? Must I withdraw it before filing I-526?

Answers

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

You may certainly file I-526 petition as long as you qualify for EB-5 visa. There is no conflict and you do not need to withdraw I-130. When you are eligible to adjust status based on an approved immigrant petition, you will need to choose the basis from which you adjust i.e. I-526 or I-130 whichever comes first.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

You can almost always file multiple green card applications-they generally do not conflict.

Rebecca Singh

Rebecca Singh

Immigration Attorneys
Answered on

You can have two green card petitions pending simultaneously. One does not affect the other, unless there is fraudulent information given to USCIS.

Raymond Lahoud

Raymond Lahoud

Immigration Attorneys
Answered on

The fact that have an alien relative petition pending, or awaiting its priority date at the Department of State National Visa Center (NVC), does not preclude you from proceed with seeking lawful permanent residence through the EB-5 Investor Visa program. It is imperative that you seek competent, experienced, and dedicated EB-5 Immigration Representation when deciding to move forward.

Daniel A Zeft

Daniel A Zeft

Immigration Attorneys
Answered on

You can have a pending I-130 petition and a pending I-526 petition at the same time. You do not need to withdraw the pending I-130 petition.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

There is no conflict. You can have multiple immigrant petitions filed/pending/approved at the same time. You just have to choose one when you actually complete the process to become a U.S. permanent resident.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

No, you may apply for any number of green card options at the same time.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

You can process for your I-526 Petition for Immigrant worker (EB-5 Petition) with a pending family-based I-130 Immigrant Petition. There is no conflict here, and you do not need to withdraw the I-130. You have the option to choose whichever gets processed quicker (or more favorable priority date) (I-130 or I-526) to pursue your final steps in green card processing.

Yazen Abdin

Yazen Abdin

Immigration Attorneys
Answered on

Both the I-130 and the I-526 are immigrant petitions. There is no difference in intent. Therefore, you can apply for the EB-5 and it should have no effect on your pending I-130.

Blake Harrison

Blake Harrison

Immigration Attorneys
Answered on

You do not need to withdraw the I-130 before filing the I-526. USCIS allows multiple immigrant visa applications to be on file. The cases are adjudicated independently and will not conflict with each other.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

No conflict; you may apply. The I-130 does not need to be withdrawn.

Robert West

Robert West

Immigration Attorneys
Answered on

No conflict. No need to withdraw I-130.

Barbara Suri

Barbara Suri

Immigration Attorneys
Answered on

You are allowed to apply for as many immigration benefits for which you qualify.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
Answered on

There is no prohibition on having more than one Immigrant petitions being filed at the same time.

Mark AM Catam, Esq

Mark AM Catam, Esq

Immigration Attorneys
Answered on

There is no conflict at all.

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