Switching from EB-5 conditional green card to I130 green card while in US

[paulyap2k]

Hi There,

hope i could get some advice here.

I have filed for EB-5 investment greencard and have received my 2 year conditional GC 19months ago, which is valid for 24months. Due to economy situation, i understand that i will not meet the initial EB-5 removal of condition to received a permenant green card.

At the same time i have a approved I-130, I have sent over the last piece of required finger print check information last week (which is not available during my initial DS230 submission) and awaiting my case to be sent back to Malaysia US consulate (for interview ?).

Questions
1) As I am currently residing in US and already holds a temporary EB5 green card, would it be possible to request for the interview to be done in US and exchnage my EB5 for my I130 green card ?

2) Would it be possible that my I130 approved case to be denied of green card due to my EB-5 conditional greencard on hand ?

Thank you for your time.

Regards
PY

 

[LucyMO]

1) no, you can't adjust immigrant status to immigrant status. You have to go through consular processing.
2) solely for that reason - no. For some other reason - it may.

 

[BigJoe5]

paulyap,

If your EB-5 business is salvagable if you had more time, you may restart that path by filing a new I-526 along with a form I-407 and then, if the new I-526 is approved you would be able to file a new I-485 and re-adjust. See the Neufeld memo of Dec. 2009.

As for pursuing the visa based on the approved I-130, a form I-407 would be required in order to relinquish current CR status and start over as a family based immigrant.

It really depends on what works best for you in your situation.

What family category is it, would it be conditional also, can you afford to leave your business while you pursue consular processing??????

Keep us posted.

 

[paulyap2k]

@bigjoe5, thank you so much for your reply.

It is a mother petition for married son over 21, and priority date is current.

Its not an option to do another I-526 with all resources tied in the current EB5 petition. One option is to wait for I130 but am worried that it takes too long, and it make matter worst if it needs time to relinquish the current temporary GC before i can get an interview for another one from the I130. I believe the family petition GC is permanent ?

I can leave US for about one month without impact on current business, is there option to expedite the process that i'm going through currently ? e.g. I130 interview + relinguish or current conditional EB5 GC (which are set to expired in Feb 2011, which i will be out of status then) ?

Rgds
PY

 

[paulyap2k]

@LucyMO,

I am trying to anticipate potential issues for the I130 process (its a mother petition to married son, over 21).

What would be the possible reasons you mentioned above that EB-5 GC might cause the denial of I-130 GC (I130 was approved awaiting interview schedule i believe) ?

Thanks
Paul

 

[Jackolantern]

One option is to wait for I130 but am worried that it takes too long, and it make matter worst if it needs time to relinquish the current temporary GC before i can get an interview for another one from the I130.

If they give you a family-based GC interview without requiring you to surrender the existing GC beforehand, you will be able to file I-407 to surrender the GC at the consulate in the very same interview for the family-based GC.

I believe the family petition GC is permanent ?

Yes, non-marriage family petitions result in a 10-year unconditional card if the process is completed successfully.