My parents are EB-5 investors, and their I-829 is pending, with my mom as the main applicant. Since I am a US citizen, can I sponsor my father for I-130 without having to drop out the other?
Answers
Bernard P Wolfsdorf
Immigration Attorneys DirectoryYou can actually file for but they have to surrender the conditional green card before being eligible to immigrate again.
Vivek Tandon
EB-5 Broker DealersYes, you can sponsor your father for I-130. However, there are additional points that you must consider. Pending I-829 means both your parents are conditional permanent residents. Their CPR status will continue to be extended until final adjudication on their I-829. An
I-130 sponsorship may be a good backup option in case you anticipate an adverse decision on the I-829. In that case, sponsoring both may be worth considering.
Richard A Gump, Jr
Immigration Attorneys DirectoryThe I-829 is for the removal of conditions on a conditional green card. In other words, your dad already is a permanent resident with a conditional green card and both parents are waiting for the approval of the removal of conditions. You do not need to sponsor your dad with the I-130 unless there is some reason the I-829 will not be approved.
Steven D Heller
Immigration Attorneys DirectoryThere is no bar on filing multiple petitions for qualified family members.
Gregory Romanovsky
Immigration Attorneys DirectoryAs a U.S. citizen 21 years of age or older, you can always file a petition for your dad. Whether it makes sense to do so is a strategy decision that you and your immigration attorney will need to make.
Michael E Piston
Immigration Attorneys DirectoryThe answer to your question is "yes". However, he may not apply for adjustment of status in the U.S. (because a conditional permanent resident cannot adjust status). Rather, the I-130 should indicate that he will apply for a visa at a U.S. consulate or embassy abroad.
Lynne Feldman
Immigration Attorneys DirectoryYes, but your father is already a conditional resident, correct? Both can pend but if he wants to proceed through your case and is already a conditional resident, he will need to abandon the conditional residence.
Robert West
Immigration Attorneys DirectoryPossible, but quite complicated. You really should consult with a very experienced immigration lawyer because doing this process is not simple.
Stephen Berman
Immigration Attorneys DirectoryIf you were a US citizen and over 21 years old, you can file a visa petition for your parents to immigrate to the United States.
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