+1-800-997-1228

Free Evaluation

Please click here to get started
Questions and Answers > EB-5 Forms

Is it possible to have two different I-485 applications pending?

I am currently awaiting a pending I-485 based on marriage which is taking longer than necessary. Currently i have an EAD, is it possible I apply for EB5? In other words can 2 I-485 be pending?

Click here for a Free Evaluation

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, you can have an I-485 pending and file an I-526 petition. Please consult an immigration attorney to determine what could be your best plan of action.

  • Avatar

    Lei Jiang

    Immigration Attorney
    Answered on

    Yes. You can submit I-526, but it normally won''t be faster.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    Yes, you can but may be not necessary. I-526 takes more than 12 months to be adjudicated. After you get your I-526 approval, you can file your I-485 application provided that you are in a lawful legal status in the U.S. at that time. Most likely, your marriage based I-485 will have been adjudicated by that time.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Are you presently in a legal status in the US? With marriage-based I-485 cases, you could apply for adjustment of status even if you were out of status but lawfully admitted initially. To file I-485 based on EB-5 basis, you must first file I-526 petition and have it approved. You must also be in another lawful status at the time your I-526 is approved to adjust status in the U.S. Currently, I-526 petitions take about 12.7 months to get processed. It is highly likely your marriage-based I-485 will be adjudicated before an I-526 petition is adjudicated unless you have issues with your marriage. EAD based on a pending marriage based I-485 does not give you lawful status in the U.S. It is recommended you contact a qualified immigration attorney to discuss your specific situation.

  • Avatar

    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    Yes it can be done, but may not be the best option if your marriage case is pending and can be resolved.

  • Avatar

    Shahzad Q Qadri

    RC Creator
    Answered on

    Yes, there should not be an issue.

  • Avatar

    Rachel Lew

    Immigration Attorney
    Answered on

    It should be permitted, but you have to mention the first A# when you apply for the second I-485. In practicality, I-526 petition takes more than eights months to approve. Additionally, you can only adjust status after I-526 is approved if you are residing in the U.S. with current legal status before you can file an adjustment status to conditional permanent resident. Unlike the adjustment of status with marriage to an U.S. citizen, where you can be out of status when you apply, you have to have a current legal status (e.g. H-1B, L-1A, or student , etc.) to adjust status to conditional permanent resident when you apply under EB-5 program.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    Please note you must first file the I-526 petition and have it approved before you file the I-485 Application. Currently processing times of I-526''s may take several months and hence your marriage I-485 may be approved by then. It is possible to concurrently voile 2 I-485''s but before adjudication of one you must withdraw the other one.

  • Avatar

    Roberto Ortiz

    Immigration Attorney
    Answered on

    You can have two I-485 processes at the same time. However, you need to know that the EB-5 process first starts with an I-526 application that currently is taking 10 months to process. After this application is approved, you will be able to file your I-485. My recommendation to you will be to hire an attorney to help you inquire about the processing of your marriage petition. If you have any questions, please do not hesitate to contact me.

  • Avatar

    Philip H Teplen

    Immigration Attorney
    Answered on

    You certainly can apply through the EB-5; however, unless there is a problem with the marriage, it would be prudent to look into the issue and get that I-485 approved. We can help you.

  • Avatar

    Boyd Campbell

    Immigration Attorney
    Answered on

    Yes. But with regard to the EB-5 petition, you may file your I-485 only after your I-526 petition is approved.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    No. You are supposed to have only one I-485 pending. If you file a new immigrant petition, such as an I-526, you can file it with a copy of the I-485 receipt and request that the files be consolidated.

  • Avatar

    Jeffrey E Campion

    Immigration Attorney
    Answered on

    The simple answer is "No."

  • Avatar

    Joseph Best

    Immigration Attorney
    Answered on

    I guess the question is why would you want to do that? If you did so, it would raise questions about the validity of your marriage in my opinion. By far- hands down- the deference afforded immediate relatives to be united as family in the U.S. is much greater. So you should stick with the family based petition. If it is denied for failure to prove your case well, then you can file an EB-5 no problem. However, if I were an adjudicator with an immigrant adjustment applicant who filed an EB-5 petition while an immediate relative petition was pending approval, I''d assume the immediate relative family based petition was invalid for some reason and I would look at it very very carefully to find out why. You don''t want that to happen. Also realize if you are adjudicated to having committed marriage fraud ever, you will be forever barred from ever having a family based petition approved under INA sec. 204(c)- and you''d be otherwise inadmissible- barring adjustment or consular processing even if you did get an EB-5 petition approved later. So tread lightly here and get yourself a proper attorney to look into why your marriage based petition is taking so long. Folks need to realize that most USCIS adjudicators know what they are doing. It behooves everyone involved to be honest and forthcoming. Any good attorney will tell you as much- and anyone filing without advice of competent immigration counsel (member of AILA at the very least) is extremely unwise. Good luck to you.

  • Avatar

    Robert West

    Immigration Attorney
    Answered on

    Yes, but the EB-5 is taking more than a year just for the I-526 right now not including the I-485. These are the current times.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    Yes, not a problem.

  • Avatar

    Gregory Romanovsky

    Immigration Attorney
    Answered on

    You can substitute the basis for your I-485, but it doesn''t appear necessary. If you have an already pending I-485 based on marriage, with proper legal help, it will be much quicker to get that I-485 adjudicated, as opposed to filing a new EB-5 case. Unless there is a problem with your marriage, of course.