What happens if I submit a family-based AOS after submitting an EB-5 based AOS? - EB5Investors.com

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

Fredrick W Voigtmann

Fredrick W Voigtmann

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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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

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

Lynne Feldman

Lynne Feldman

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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.

Salvatore Picataggio

Salvatore Picataggio

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Answered on

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

Stephen Berman

Stephen Berman

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Answered on

Yes.

Dale Schwartz

Dale Schwartz

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Answered on

Have you asked your own lawyer?

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