Will my EB-2 PERM and I-140 become invalid after getting an EB-5-based green card? - EB5Investors.com

Will my EB-2 PERM and I-140 become invalid after getting an EB-5-based green card?

After I get my conditional green card based on EB-5, will my EB-2 PERM and I-140 become invalid? Can I still file I-485 under the EB-2 track to get permanent green card?

Answers

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

You can not have two green cards so you would need to withdraw the conditional residency.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

A conditional lawful permanent resident is not eligible to adjust status in the United States (unless the status is terminated). So assuming your I-140 is approved and there is an available immigrant visa number, i.e., your priority date is current, you could complete the immigrant visa processing (not I-485) at the U.S. embassy or consulate in your home country. You will have to execute Form I-407 at the embassy to give up your two-year, conditional green card so you can receive your immigrant visa (and ten-year, permanent green card once you enter the United States).

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

The I-140 itself will not become invalid. As a general rule, an LPR cannot apply for adjustment of status. But there is a procedure under which this may be possible. An attorney can evaluate this option for you and guide you in the process.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

No, they do not expire. If you removal of conditions application is denied, you can activate this if still employed or the employer is willing to rehire you in that job.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.