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What happens if I submit a family-based AOS after submitting an EB-5 based AOS?

My I-526 was approved and I submitted AOS with I-131 and I-765 last spring. I will have been married for 2 years this coming fall, I’m considering submitting marriage based AOS with I-131 and I-765. Can I have multiple AOS, advanced parole and work authorization applications? Will USCIS reject one of the AOS'' if the other one process faster?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If one of the I-485s is adjudicated before the other, you will want to withdraw the pending one. The USCIS will likely deny the pending one as moot if you have been granted conditional, lawful permanent resident status previously.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, both can pend at the same time. Whenever the first interview is scheduled, you will have to select one and withdraw the other.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can file both and the USCIS will eventually require you to choose.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Have you asked your own lawyer?

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    Stephen Berman

    Immigration Attorney
    Answered on

    Yes.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You cannot have multiple AOS processes, but you can transfer them between petitions that have available green cards.