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Questions and Answers > EB-5 Investments

How can I transfer from an approved I-526 to an I-I30?

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

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes 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.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You may keep both, pending and whichever is faster, or better, you can pursue at the immigrant visa or I-485 stage.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes, you can.

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    Phuong Le

    Immigration Attorney
    Answered on

    You can simply adjust based on your approved I-130.

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    Kristal Ozmun

    Immigration Attorney
    Answered on

    Yes, 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.