I sent an application to withdraw my case due to getting divorced. The NVC sent it back to USCIS for revoke my case but the decision is still pending.
Can I apply for a new case for my 2nd marriage or do I have to wait until I get the withdraw decision?
Answers
Bernard P Wolfsdorf
Schedule a Free Consultation with Top EB5 Visa AttorneysIf you have withdrawn the petition, you may have ended the case. If you are getting divorced, you should simply let them know, and if you remarried, advise them by submitting both, the divorce and marriage certificates. Not sure why you would withdraw a case merely because you divorced.
Michael A Harris, Esq
Schedule a Free Consultation with Top EB5 Visa AttorneysWhile it is hard to provide legal advice in this forum, your withdrawal may be considered withdrawn upon effective delivery or filing with the USCIS. The NVC does not have the authority to withdraw or revoke your previously approved I-526 petition. Only the USCIS has that authority at present.
Lynne Feldman
Schedule a Free Consultation with Top EB5 Visa AttorneysNo reason you cannot apply for a new case and just reference the withdrawal.
Belma Demirovic Chinchoy
Schedule a Free Consultation with Top EB5 Visa AttorneysYour marriage does not have anything to do with your initial EB-5 petition, I-526. You can file more than one I-526 petition (assuming that is what you mean by "new EB-5 case").
Jeff Khurgel
Schedule a Free Consultation with Top EB5 Visa AttorneysIf you are currently legally divorced, a new EB-5 application with your new wife, generally, is possible.
Stephen Berman
Schedule a Free Consultation with Top EB5 Visa AttorneysYou can file for your new spouse, and you do not need to wait.
Dale Schwartz
Schedule a Free Consultation with Top EB5 Visa AttorneysAs long as your divorce is final, you can apply for your new wife now.
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