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What is the priority date of an EB-5 I-485 application?

When an EB-5 investor files for adjustment of status (AOS, Form I-485) and EAD, are they processed based on the I-526 priority date, or will the investor get a new priority date and enter the queue with all other AOS/EAD applicants?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The priority date is the date of the I-526 filing if it is approved.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Your priority date determines when you can apply for the green card (AOS), but the processing time of the AOS application itself will depend on when that form is filed. They should begin processing it immediately upon receipt, because the priority date will be current, but the processing time is based on the receipt of the I-485 itself.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    I-526 PD is separate from I-485 date of filing. I-485s are processed based on their date of filing and by an office that is separate from IPO. Your I-526 PD has to be current at the time of I-485 adjudication (and filing, of course).

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    There is only one priority date. Your priority date is when your I-526 application was filed.

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    Darren Silver

    Immigration Attorney
    Answered on

    The priority date is the date that the I-526 was filed.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    There is only one priority date, which is the date of receipt of the I-526.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You keep your I-526 filing date as your priority date.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Based on I-526 priority date, which is the date of that filing.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your priority date for immigrant visa availability is established on the date you file your EB-5 petition. However, when you file your application for adjustment of status, once visa numbers are available - based upon an approved I-526 petition - you are in a new queue. Your I-485 cases are normally based upon first-in, first-out principle, and adjudication of same will depend upon the backlog of adjudications of I-485 petitions at the time you file.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Your I-526 priority date determines whether or not you are eligible to file AOS (I-485) based on an approved I-526. If you are a national of a country that is not currently backlogged, and assuming you are in a lawful immigration status in the U.S., then you are eligible to file AOS. You will receive a new priority date for your I-485 filing based on the date USCIS receives your I-485 and you will be in line with other AOS applicants to have your case adjudicated based on the average processing times for I-485 cases in your jurisdiction.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no I-485 priority date per se. Once you are eligible to file the I-485 based on your I-526 priority date, then your timeline is based on the processing queue of the I-485 applications.

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