What happens when two I-485 applications are ready to adjudicate? - EB5Investors.com

What happens when two I-485 applications are ready to adjudicate?

My EB2 and EB5 I-485 applications have been transferred to the National Benefits Center and Final action dates are current and ready to adjudicate. My questions are:
1. Which I-485 will be adjudicated?
2. Do i need to withdraw one I-485 now to faster adjudicate the other?
3. Does USCIS send RFE to me asking which application to adjudicate?
4. Will they be transferred to a field office or adjudicated at NVC?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys Directory
Answered on

If both are clearly approvable, you may want to withdraw the EB-5 since that is only a conditional green card - provided, of course, you are still working in the job and that case is clean. They will ordinarily ask you to elect and therefore you need to withdraw one or the other as they need to consolidate the files.

F Oliver Yang

F Oliver Yang

Immigration Attorneys Directory
Answered on

You may want to speak to an attorney and withdraw one of the two applications to avoid confusions at this very critical stage.

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