Questions and Answers > EB-5 Requirements

How can I switch from a PERM to I-829 without impacting my family?

I have I-829 in progress. I understand that this process will take a long time. I have now been approved with a PERM labor certification application from my employer. There is any way to switch without leaving the U.S.? I would like to make the correct move to do not affect my family. If I have to leave to a embassy or consulate, can I keep with my I-829 process and return if it is not stamped and wait for the I-829?

Answers

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on March 4, 2021

  As a conditional lawful permanent resident, you are not eligible to adjust status in the United States. You should prepare for immigrant visa processing at the U.S. embassy or consulate in your home country. At the immigrant visa interview, you can abandon your conditional green card on Form I-407 and receive your immigrant visa based on your employment case (EB-2 or EB-3). You cannot keep your conditional green card if you receive an immigrant visa. If you feel there is an issue with your employment based case, you should consult with an experienced immigration attorney who can advise of your options.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 3, 2021

  You must leave the country and abandon the current green card in order to apply for the permanent one. Must be handled carefully since it is complicated, especially timing issues.