Should I withdraw my pending I-829 if I have an approved I-130? - EB5Investors.com

Should I withdraw my pending I-829 if I have an approved I-130?

I have my I-829 pending since May, 2016. I was an individual investor and I closed the entity because the business was at a loss. I recently filed an online request as the case processing time is out of the normal timeline. Then I received a response saying that the “case is under review at the supervisor level.” I have an approved I-130 and just filed for I-485 in June 2020. The most recent status of this I-485 shows “case is ready to schedule an interview.” How can I request USCIS to expedite my I-829 adjudication before my I-485 interview? Is there any other option so that I can switch my EB-5 green card to the I-130 spouse green card? Should I withdraw the I-829 petition?

Answers

Fredrick W Voigtmann

Fredrick W Voigtmann

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Answered on

You will have to withdraw the I-829 at some point because conditional lawful permanent residents are not eligible to adjust status. The conditional status would have to be terminated first before the adjustment of status can be approved. You could do the withdrawal as close to possible to the adjustment of status interview and thus have a confirmation from the Immigrant Investor Program Office of the termination of your conditional status. If you wait until the adjustment of status interview, it could delay approval of your case because the interviewing officer will need to see proof of your status termination before approving the I-485.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

If you did not have nonimmigrant status at the time you filed the adjustment, it may be denied. So I would not be that quick to withdraw the I-829. You should process the I-130 abroad, then formally surrender the I-407 while outside the U.S. and take it to your interview. These are complicated and need special handling. It is not about form filing but providing eligibility to adjust status under section 245 of the Act.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

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Answered on

If I were you, I would do nothing and go to interview and have USCIS sort it out.

Stephen Berman

Stephen Berman

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Answered on

Until and unless your status is terminated you may not be able to adjust status on the I-130.

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