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When do I get a conditional green card if my EB-5 priority date becomes current in Chart B but not in Chart A in the visa bulletin?

I am a Vietnamese investor with an approved I-526. My priority date is April 28, 2017. I filed an I-485 application in October 2019, as Chart B in the visa bulletin of that month showed that my priority date was current. My question is, do I have to wait until my priority date becomes current in Chart A to be considered for a green card, or will a green card become immediately available to me as long as my I-485 gets approved?

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You should always use Chart A rather than B.

  • Avatar

    Jimena G Cabrera

    Immigration Attorney
    Answered on

    Yes, you have to wait until your priority date becomes current in Chart A. USCIS will hold your file until then.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Each month USCIS decides which Visa Bulletin chart will apply for the filing purpose.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If the priority dates drop back after filing the I-485, USCIS will hold the case.

  • Avatar

    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    The I-485 will only get approved if the priority date is current based on Chart A.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    You will be sent a green card when your adjustment of status application is approved.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    To actually get your green card, you must be current under Chart A. For February 2020, Vietnam is at December 15, 2016 and you are at April 28, 2017. So my guess is you will have several months to go before your priority date will be current and a visa available under Chart A.

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