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When should I file an I-485 form for my EB-2 case if I have a pending I-485 for my EB-5 case?

I have an EB-5 case and an EB-2 case. I filed my EB-5''s I-485 in November of 2018. It is also time to file the I-485 for my EB-2 case. However, in my case, should I file the form for the EB-2 or should I wait until a result of the EB-5 is given?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    Your EB-5 immigration attorney will be able to advise on the advantages and disadvantages of either filing your 1-485 application with an EB-5 or EB-2 petition. Please note the EB-2 will lead to full permanent residency but an interview at the USCIS is required.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    You cannot have two I-485 applications filed/pending. If you wish to file the I-485 based on the EB-2, then you will need to withdraw the one pending under the EB-5. However, unless there is an issue with your EB-5 petition, this would not be an advisable action.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If you currently filed EB-5's I-485, you should not need to file EB-2's I-485. Some applicants pursue both visas as a form of seeking a faster alternative route to secure a green card. However, the idea of pursuing two I-485 applications is not really a sound idea even though you are eligible to simultaneously pursue both visas. Therefore, stick with the EB-5 you already filed.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    You can only have one I-485 active at a time. Since you have already filed an I-485 for the EB-5 you could consider transferring it to your EB-2 case if this is current now. One benefit of the EB-2 over the EB-5 is that once your I-485 is adjudicated, you will have a permanent green card with EB-2 as opposed to conditional green card with EB-5. Before taking any further step, I would strongly recommend you to consult an experienced immigration attorney.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You can have multiple immigrant petitions active at a time (multiple I-140 and/or I-526 and/or I-130 petitions), but only one I-485 will be active at any one time. You should wait for one I-485 to be adjudicated before filing another.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you have already filed an application for Adjustment of Status on Form I-485 based upon an approved EB-5 Petition on Form I-526, when visa numbers are available, it would be redundant and confusing to file a separate application for Adjustment of Status on Form I-485 based upon your EB-2 case. Assuming you have an approved EB-2 / I-140 Petition based upon your EB-2 case, the same remains valid and you could wait to see if your application for Adjustment of Status based upon your EB-5 case is approved. If for some reason it is not, you would still have the option of applying for Adjustment of Status or through consular processing based upon your EB-2 case.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    There should be no need to file multiple I-485s. Rather, notify the adjudicator for your I-140 that you have a pending I-485, or notify the adjudicator for your I-485 that you have an approved and available I-140.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you are able to adjust your status under EB-2, it will be better as you will get the permanent residency without any conditions attached. I am not sure why you did EB-5 when your EB-2 visa availability was so close, but you should have a serious consultation with your immigration lawyer to weigh the pros and cons of both options to proceed.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You would need to analyze which is more favorable for you. You may wish to have your I-485 transferred to the EB-2 case if this is now current, as that will give you permanent residency rather than conditional permanent residency. You may have both pending and then decide which to adjudicate at the interview.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    I will suggest that you file the I-485 for your EB-2 right now because you do not know when your EB-5 based I-485 will be approved. By doing so, you will give yourself a back-up.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    First, it is better to adjust under the EB-2 since that does not lead to a conditional green card. However, you can file under both and see which one gets approved first.

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