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Should I withdraw a risky I-829 application and pursue a green card with I-130?

I submitted my I-829 application three years ago and it is still pending. During this period, I got married to a U.S. citizen. My I-130 application was approved in October 2018. I heard there has been something wrong with the project I invested in and some investors in the same project got rejected on their I-829 applications. I am worried about mine. At this point, should I withdraw the I-829 application and file I-485 immediately, or should I hold off on the I-485 and wait until a final decision is issued for my I-829?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Likely file I-485 and leave I-829 pending. Consult your immigration attorney to determine if I-829 should be withdrawn.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You have to be careful with timing. File the I-130 and get it approved and then just before your new final interview at the consulate, complete your I-407 green card surrender. But also caution if you have been a resident for eight of the past 15 years, this may trigger an exit tax when you surrender.

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    Charles Foster

    Immigration Attorney
    Answered on

    You may, based upon a bona fide marriage and your approved I-130 petition, file an application for adjustment of status on Form I-485. Or you could wait for a final decision on your Form I-829. If it appears that the other investors in the same projects all had their I-829 petitions denied for the same reason that would apply to you, you could preemptively go ahead and file for adjustment of status on Form I-485 after you have withdrawn your I-829 petition.

  • Avatar

    Robert West

    Immigration Attorney
    Answered on

    Probably file the I-485. After USCIS accepts the I-485 then give up the conditional card. Keep in mind once you give up your green card, you are not eligible to work until you get a permit in 6 to 8 months.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    I would advise that you file the I-130. Don not withdraw the EB-5 case until there ready to give you a green card based on marriage.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I would file the I-485 and keep I-829 pending. You can always abandon your green card at the marriage interview.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Based on the facts presented, it seems you should file I-485. It is probably wise to hold off on withdrawing the I-829 until you get EAD/AP.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    The most logical course of action for you is to work with your immigration attorney to force a decision on your pending I-829 application. Until a decision is made on your I-829, you can extend your two-year conditional green card through I-551 stamps. This will allow you to work and travel and not become out of status. If your I-829 is approved, then you will obtain your permanent resident status for 10 years, and you will be done. If your I-829 is rejected, then you always have the option to surrender your current investor based conditional green card and pursue a new marriage-based conditional residency.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can proceed with your I-485 even though the I-829 is pending. There is no need to wait until a decision is made on I-829 particularly based on the facts that the related project and the I-829 applications of other investors might be in trouble. Should either of the application be approved, the USCIS will deny the other one.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    File you I-485 immediately.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    You could file an I-485 now based on the approved I-130 petition if you are in the U.S. You have the option of withdrawing the I-829 application in this situation. Alternatively, you could wait for the decision on the I-829 application. One can have several permanent residence cases pending at the same time.

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