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Questions and Answers > Other Eb-5 Questions

Will USCIS return my I-485 application package if I file before my priority date becomes current in Chart B of the visa bulletin?

I am a Chinese EB-5 investor with a priority date of on Dec. 25, 2015. Given the significant advance in Chart B last month, I prepared my I-485 documents and filed to USCIS. The new visa bulletin came out and the dates on Chart B remained the same, which means I am still not eligible for filing adjustment of status. Will USCIS return my application package soon, or will they keep the package until my date becomes current in Chart B?

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Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I would expect a full return. While the Department of State will allow things to begin as the dates get closer, USCIS does not really do that.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You should expect to receive the package returned to you in the next few weeks.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If your priority date is not current at the time you file, they will likely return it. There is some chance you might get lucky and Chart B remains open and actually advances in April but this is unlikely.

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    Robert West

    Immigration Attorney
    Answered on

    They normally return the package.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    They will most likely return it.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    They should reject it if doing their job properly.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    USCIS will return/reject the package.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    While the premature filing is not acceptable, typically the USCIS will reject and return the application back to the applicant.