I am awaiting approval for the I-526. I will likely be moving with my family to stay in the United States after one year as a “conditional” green cardholder. But I have another immigration petition approved since 2012 because I am the son of an American citizen. The visa is expected to be available after two years. Can I use this petition later to transfer directly to a permanent green card holder rather than to wait 5 years as a conditional green cardholder?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou may keep both, pending and whichever is faster, or better, you can pursue at the immigrant visa or I-485 stage.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYes you can surrender the EB-5 green card and then apply again at a consulate abroad for the family-based green card, but be sure, your family qualifies for the family benefit.
Kristal Ozmun
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, you can still use the I-130 to become a permanent resident. You would need to first abandon your conditional permanent residence to do this though.
Phuong Le
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can simply adjust based on your approved I-130.
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