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Questions and Answers > EB-5 Investments

What should I do if I have submitted my I-485 for EB-5 but just had the I-130 approved?

I submitted the I-485, but 2 weeks later I received the approval of the I-130. What should I do?

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Answers

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    Ying Lu

    Immigration Attorney
    Answered on

    You can go either way, EB-5 or family-based immigration. Currently, if your country of birth is not subjected to the visa retrogression, family-based immigration will be faster.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Is the I-130 available? If so, you can use the same I-485 for the I-130. See a lawyer.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    Why not ask your own lawyer?

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    Phuong Le

    Immigration Attorney
    Answered on

    Not a bad problem to have. You can get your green card either way. However, keep in mind that if your 526 is already approved, you may not be able to be repaid until the EB-5 loan is repaid to the NCE (most refund provisions expire if the 526 is approved). I would check your offering documents for more information.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If you file for an adjustment based on the I-130, you would have to withdraw the other. EB-5 adjustments do not require interviews, family adjustments do.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you wish to adjust status based on the approved I-130 (and you are eligible to do so), you can contact the USCIS and request that the I-485 be linked to the approved I-130. If the I-485 indicated the basis for filing was EB-5, you might need to amend the I-485 to reflect a family-based petition has been approved. Or you can withdraw the existing and/or file a new I-485 with the family-based classification box checked. You should consult with an experienced immigration attorney who can review your complete file and make sure all of the details are correct.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It depends what type of I-130. Who is the petitioner and is the priority date current?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the priority date is current, you can try and interfile the I-130 approval, or if they do not accept, you can refile the adjustment based on the approved I-130.