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What could happen to the I-485 petition of my husband while my I-829 is still pending?

I entered the U.S. in 2016 with my EB-5 green card. I got married in 2017. I filed an I-130 (petition for alien relatives) petition for my husband and it was approved in October 2018. His I-485 is currently pending and my I-829 is also pending. What could happen to his I-485 if my I-829 gets rejected? If his I-485 gets rejected and my I-829 gets approved, what else can I do to get him in the country?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If your I-829 is rejected, it is unlikely his I-485 would be approved. If your I-829 is approved it is hard to know why his I-485 should be rejected.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is unclear from the facts how your spouse's I-485 is filed since you are a lawful permanent resident and your spouse's priority date (I-130 received date) needs to be current under the Visa Bulletin to file for adjustment. Therefore, it is necessary for your spouse to maintain an underlying immigration status in order to be able to adjust status in the U.S. once his priority date becomes current. Otherwise, your spouse needs to consular process for an immigrant visa abroad (assuming no unlawful presence issues). If your I-829 is not approved for some reason, you will have to take steps to resolve your status, such responding to any RFE or NOID or possibly through immigration court. This may impact your spouse's grounds to become a permanent resident, depending on how the I-829 goes. Since the facts are not entirely clear, please consult an experienced immigration attorney to review your case and all possible options for your spouse.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    If your I-829 is rejected, most likely his I-485 will not be adjudicated since his application is tied to yours. If your I-829 is approved, it is quite unlikely that his I-485 will be rejected again for the same reason. But if his I-485 is rejected for non-project-related reasons before your I-829 is approved, then he will need to refile under F2A preference as long as he maintains status somehow.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    If your I829 is denied, his I-485 will most likely be held in processing until your status is resolved through the IJ. If his I-485 gets denied, he will need a different NIV in order to stay in the U.S.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Both cases can pend at once. I would need to know much more about him to advise on other options he would have. Perhaps an employer sponsor.

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    Charles Foster

    Immigration Attorney
    Answered on

    If your husband's I-829 petition is denied and he is unable to successfully have same approved, it means that he will not be able to maintain his permanent residency. Since you are a lawful permanent resident and you file an I-130 petition on his behalf, your husband will be able, once a visa number is available under the family-based F2A preference, if he maintains his status to file for adjustment of status. Alternatively, if you become a U.S. citizen, he certainly could file for adjustment of status irrespective of what his status is. If your husband is not able to adjust status based upon the I-130 F2A petition, he may have to return to his home country to apply for an immigrant visa at the appropriate American consulate.

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