Can I have simultaneous petitions for EB-5 and EB-1 visas? - EB5Investors.com

Can I have simultaneous petitions for EB-5 and EB-1 visas?

I have two ongoing petitions: EB-5 and EB-1. My I-829 was recently approved, but my I-140 is still pending. Will USCIS still process my pending I-140? Is it possible that the I-140 will also be approved? Does the approval of the I-829 invalidate or hinder the approval of the I-140?

Answers

Andres Echevarria, immigration attorney EB-5

Andres Echevarria

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Answered on

Yes, you can have simultaneous petitions for EB-5 and EB-1 visas. The approval of your I-829 petition, which removes the conditions on your permanent residency obtained through the EB-5 program, does not invalidate or hinder the processing of your pending I-140 petition for the EB-1 category. USCIS will continue to process your I-140 petition independently of your I-829 approval. It is possible for the I-140 to be approved if it meets all the necessary requirements and criteria for the EB-1 category. Having multiple petitions is permissible, and each will be adjudicated based on its own merits.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

Yes, the approval of the I-829 does not prohibit approval of the I-140.

Yuliya Veremiyenko-Campos

Yuliya Veremiyenko-Campos

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Answered on

You can have several approved immigrant petitions at the same time. Approval of your I-140 will not invalidate your current green card (assuming there has not been any fraud or misrepresentation).

Jason Feldman

Jason Feldman

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Answered on

Yes, you may have both petitions pending. The I-140 should still be adjudicated, even though it is unnecessary now that your I-829 is approved.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

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Answered on

The I-829 and I-140 are completely unrelated. You cannot, however, pursue adjustment to residence based on an approved I140 as a permanent resident. But there is zero need to as the I-829 was approved and conditions in your residence have been lifted.

Charles Kuck

Charles H Kuck

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Answered on

They will process both.

Lynne Feldman

Lynne Feldman

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Answered on

Since you are already a permanent resident with a ten-year card you can’t start a new permanent residency case without abandoning what you have. You may apply for citizenship as soon as eligible (90 days before the 5 years anniversary of your condition residence – 2 year card).

Ying Lu

Ying Lu

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Answered on

If your I-829 has been approved, you are already a U.S. permanent resident. You may withdraw your I-140 from USCIS.

Rani Emandi

Rani Emandi

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Answered on

They are separate petitions without an impact on each other. Best wishes!

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