I got a conditional 2 year green card through EB-5. It will be expired next March 2022. I am currently married to a U.S citizen. Can I let it expire and file 130 and 485 to obtain a green card through marriage in March? This is because I-829 is projected to be a long wait right now.
Answers
Lynne Feldman
Immigration Attorneys DirectoryIssues are more complicated than just letting it expire. What is your legal entry then? You will have to formally abandon it, not just let it expire, and this must be done out of the U.S.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryI am pleased you asked. In the past, I would have said you need to file the marriage based petition and then surrender your conditional green card, but I am pleased and proud to say we just assisted as local counsel on a case filed by another lawyer that was approved in precisely these circumstances. So I am pleased to advise this is a viable option and more than that, I am proud to say we have actually succeeded in adjusting such a person so there appears to be another option besides having them surrender the old card and apply for a new one.
Matthew T Galati
Immigration Attorneys DirectoryIt is not an easy process. You likely will have to renounce and re-process. It might be better to just file the I-829. If you are worried about delays, consider mandamus. I have had success with investors waiting as little as 5 months.
Belma Demirovic Chinchoy
Immigration Attorneys DirectoryYou should be able to do this; speak to a lawyer as there is a special way to file for adjustment when already a conditional permanent resident.
F Oliver Yang
Immigration Attorneys DirectoryYou cannot adjust status unless you are in a valid nonimmigrant status. The cleanest solution is to file I-407 abroad, but you should not be coming back on a nonimmigrant visa with the intent to adjust status in the U.S. Your situation is very complex and you should discuss it with an experienced immigration attorney.
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.