Questions and Answers > EB-5 Requirements

What happens if a U.S. citizen petitions for their spouse with a pending EB-5?

My husband filed for an EB-5 visa before we met. It has been over 1.5 years and we have not heard anything. Can I file a petition for him? I am a U.S. citizen. Will there be any problems if he has two cases pending?

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on July 27, 2017

  You can have as many immigrant petitions pending as you wish. Once one is approved, you can proceed with an adjustment of status or consular processing and withdraw the other petitions.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on May 22, 2017

  There should not be a problem with filing two petitions. Each petition can lead to the granting of a green card. However, you should seriously consider the costs of pursuing two petitions at the same time. Advisably, consult an attorney on the two alternatives before you proceed.

• Charles Foster

  Immigration Attorney

  Answered on January 17, 2017

  If you are a U.S. citizen and your husband filed as an EB-5 investor on Form I-526, you also have the option of filing an immediate relative petition on Form I-130 on behalf of your husband who can also qualify as your spouse. There will be no problem having two pending cases and in all likelihood your husband will qualify faster through your petition. The only issue you have is vis a vis the regional center and the timing of the possible return of your husband's investment.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on January 9, 2017

  There should not be any problem if you have two cases pending. He will have to choose which conditional lawful permanent resident category he wishes to pursue because only one, either EB-5 or IR-1 (immediate relative of a U.S. citizen) can result in his obtaining conditional lawful permanent residence.

• Raymond Lahoud

  Immigration Attorney

  Answered on January 9, 2017

  If you are a U.S. citizen and have a bona fide marriage, then, yes, you can petition for him. I need more information, however, before I can give you a more accurate answer.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on January 9, 2017

  If he is legitimately married to a U.S. citizen, you should file for the green card via marriage.

• BoBi Ahn

  Immigration Attorney

  Answered on January 9, 2017

  Yes. As long as there are not two adjustment of status applications filed by him, he can have both the I-526 petition and an immigrant petition based on marriage (I-130) filed. He can also withdraw the I-526 once his green card processing through the marriage is completed.

• Dale Schwartz

  Immigration Attorney

  Answered on January 9, 2017

  No. Go ahead and do it!

• Lynne Feldman

  Immigration Attorney

  Answered on January 9, 2017

  No, that is fine.

• Jinhee Wilde

  Immigration Attorney

  Answered on January 9, 2017

  You may definitely petition for him. There is no restriction on having a family-based petition and an employment-based petition (EB-5) pending at the same time. Whether he will be able to withdraw his petition if your petition gets approved first depends on the timing of how quickly his EB-5 case will get reviewed as it seems that it is almost time for his case to be adjudicated. Also, if he withdraws his case because he wants to pursue the family track with your petition, his subscription agreement will tell you if he could get his investment back. Please consult with your immigration lawyer on nuances of these cases and the timing.

• Xiaosheng Huang

  Immigration Attorney

  Answered on January 9, 2017

  You can file the family-based green card application for your husband. When you have the interview in the USCIS, the officer over there will let your husband make the choice - the green card based on spouse of a U.S. citizen or based on EB-5. Then your husband can make the decision.