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How can I change from an EB-5 to EB-3 visa?

I am a dependent under an I-829 petition that has been pending for more than five years. Currently, I am working legally as a conditional permanent resident. I am wondering if I can, at the same time, have a sponsored EB-3 application running. If so, will I be able to remain in the U.S. with work authorization? Also, how does it affect other people in my family who are under the existing I-829 petition?

Answers

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    If you are a conditional permanent resident, then you cannot also have a EB-3 permanent residence case that is ongoing.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There is no reason why an I-829 applicant cannot apply for an EB-2 or EB-3. However, if the I-829 is denied, you may be placed in removal proceedings and you want to make sure you do not accrue unlawful presence after a finding by the immigration judge that you are removable. You will almost certainly have to leave the U.S. at some point to immigrant visa process at a consulate abroad as you may not be eligible to re-adjust status in the U.S.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You can have as many different petitions pending at the same time as you want to. But if you are a conditional permanent resident, why do you need anything else? Under what category are you a conditional permanent resident (marriage, EB-5, etc.)?

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Because you are already a conditional permanent resident, you may continue extending your status by getting I-551 stamps at your local field office with a pending I-829 case, which will allow you to work and travel. An immigration attorney handling I-829 should inquire with the USCIS EB-5 unit as to the status of the case, as it appears it has been pending outside processing times. Whether it is advisable to start an EB-3 process and whether it would be a setback for you in your immigration process should be decided in a comprehensive consultation with an experienced immigration attorney who can review all facts rather than see part of the online forum.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Based on your situation, while you can be sponsored by an employer for EB-3, it is not necessary because you are currently a conditional permanent resident. As long as your I-829 petition is pending, you will be able to remain and work in the U.S. Regardless of any decision you make on either EB-5 or EB-3, there will not be any effect on other members of the family who are part of the pending I-829 petition.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    An individual can pursue a green card through multiple paths. However, based on the complexity of your questions, they would be best answered in a consultation with an experienced immigration attorney.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    If you are a dependent, then your abandonment of the EB-5 CPR status does not affect other individuals covered by your parent's EB-5 petition. Your employer can file an I-140 and it will have no impact on your current CPR status. When I-140 is approved and PD becomes current, you must first "give up" your EB-5 CPR status before you can seek adjustment under EB-3.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Since you are already a conditional resident with I-829 pending, you can continue to update your right to work and travel with stamps in your passport. You can't start an EB-3 case without abandoning your current conditional residence and then you will have no status.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you are a dependent and you have already acquired conditional permanent residency and only your I-829 petition is pending, you are already a lawful permanent resident, albeit on a conditional basis. Thus, it would be both unnecessary to have your employer sponsor you for an EB-3 petition as well. The only reason you would want to do so is as a backup plan should you believe that for any reason your parents' I-829 petition will be denied. In that case, you would still not be able to remain in the U.S. unless by that time an EB-3 petition had been approved, a visa number is available and you are eligible to file for an immigrant visa abroad or possibly through adjustment of status. Your actions should not affect your family members who are also beneficiaries of the I-829 petition, but again, there would not appear to be any reason why at this stage you would want an employer to sponsor your under the EB-3 classification.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You can give up/withdraw your permanent resident status, which you obtained under EB-5 dependent processing, and restart your permanent resident processing through your EB-3. Whether this would be advisable is another question, depending on the circumstances. Your withdrawal should not affect the other members of the family being processed under the I-829 since you are not the EB-5 investor.

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