Can I submit I-485 if I already filed DS-260 for my EB-5 case? - EB5Investors.com

Can I submit I-485 if I already filed DS-260 for my EB-5 case?

My priority date is July 2015 and I have already filed DS-260 in China last year, what happens if I submit I-485 in US now? is it feasible since the case has to be transferred from NVC process to I-485 process? What are my options?

Answers

Lynne Feldman

Lynne Feldman

Immigration Attorneys Directory
Answered on

Feasible only if the priority date is now current.

F Oliver Yang

F Oliver Yang

Immigration Attorneys Directory
Answered on

You can file I-485 if you are eligible to adjust status in the U.S. You should consult with an immigration attorney to assess your eligibility. You can withdraw your case once your I-485 is approved.

Dennis Tristani

Dennis Tristani

Immigration Attorneys Directory
Answered on

Yes - you can have both processes pending at the same time. If you are in the U.S. in valid nonimmigrant status and your priority date is current, you can file for adjustment of status. If your case comes up for a visa interview abroad, you can depart the U.S. and pursue the interview process in Guangzhou.

Stephen Berman

Stephen Berman

Immigration Attorneys Directory
Answered on

Yes, you can file the I-485. Get a lawyer.

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