Should I withdraw a risky I-829 application and pursue a green card with I-130? - EB5Investors.com

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

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

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 Consult your immigration attorney to determine if I-829 should be withdrawn.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Charles Foster

Charles Foster

Immigration Attorneys
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that would apply to you, you could preemptively go ahead and file for adjustment of status on Form I-485 after you have withdrawn your I-829 petition.

Daniel A Zeft

Daniel A Zeft

Immigration Attorneys
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.

Hassan Elkhalil

Hassan Elkhalil

Immigration Attorneys
Answered on

File you I-485 immediately.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
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.

Marko Issever

Marko Issever

EB-5 Broker Dealers
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.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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

Dale Schwartz

Dale Schwartz

Immigration Attorneys
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.

Robert West

Robert West

Immigration Attorneys
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.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.